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(영문) 서울중앙지방법원 2017.10.11 2017고정2730
상표법위반
Text

Defendants shall be punished by a fine of one million won.

Defendant

Where the two fail to pay the above fine, 10,000 won shall be respectively.

Reasons

Punishment of the crime

1. No person shall possess for the purpose of transferring or delivering goods identical with or similar to the designated goods bearing a trademark registered by another person or any similar trademark;

Around April 2017, the Defendant filed a suit to transfer or deliver a 50-day slicker with a trademark similar to “Skin (ELINE, No. 0538623 of the Trademark Registration Number 0538623)”, the registered trademark of “Skin”, a trademark right holder, at the warehouse of “D” company operated by the Defendant in Jongno-gu Seoul, Jongno-gu Seoul.

Accordingly, the defendant infringed the trademark right of the above trademark right holder.

2. He/she shall not possess goods identical with designated goods bearing a trademark registered by another person or any similar trademark for the purpose of transferring or delivering such goods;

On May 10, 2017, the Defendant filed a lawsuit to transfer or deliver a 10-day slicker with a trademark similar to “F”, a trademark right holder’s registered trademark of “F” (ELINE, No. 0538623), a trademark right holder’s “F” at a new store operated by the Defendant in Jongno-gu Seoul, Jongno-gu.

Accordingly, the defendant infringed the trademark right of the above trademark right holder.

Summary of Evidence

1. Defendants’ respective legal statements

1. G statements;

1. A protocol of seizure and a list of seizure;

1. Application of Acts and subordinate statutes of the Trademark Registration Register;

1. Defendants: Article 230 of the Trademark Act and Article 230 of the Punishment Act and the Selection of Fines

1. Defendants to be detained in the workhouse: Articles 70(1) and 69(2) of the Criminal Act;

1. Defendants: Article 236(1) of the Trademark Act

1. Defendants of the provisional payment order: Article 334(1) of the Criminal Procedure Act

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