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(영문) 수원지방법원 성남지원 2016.03.25 2015고정1413
상표법위반등
Text

Defendant shall be punished by a fine of KRW 2,000,000.

If the defendant does not pay the above fine, this amount shall be 100.

Reasons

Punishment of the crime

The Defendant is a person who operates “B”, a website specialized in the sale of female clothes.

1. From around September 2014, the Defendant violated the Trademark Act: (a) indicated the name of each product, such as primary feees and tables, and the name of each product, and the advertisement phrase of the product, on his/her own discretion, on the sales of primary feees and tables, etc., from around 313-603 of the Gyeonggi-nam apartment housing; (b) from around September 2014, the Defendant indicated the name of the product, such as primary feees, and the trademark advertisement phrase of the product.

Accordingly, the Defendant used the “MINE” (Registration Number No. 0469917) and “Ma” (Registration Number No. 0168624) as a trademark for the island registered with the injured party, thereby infringing the trademark right of the injured party by using the trademark for the designated goods.

2. The Defendant violated the Unfair Competition Prevention and Trade Secret Protection Act at the same time and at the same place as the above 1.1. At his own discretion, indicated the name of each product, such as source and tables, and the product advertising phrase, such as “typile flus”, “typ flus”, “typ flus”, and “typ flus shocks”, etc.

Accordingly, the Defendant committed an unfair competition act that leads to confusion with the goods of the victim by using those similar to the "TIMF PET MDAN" (Registration Number No. 0329082), a trademark registered by the victim widely recognized in Korea.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of the laws and regulations on the trademark registration ledger, “TINE trademark registration ledger,” “TIE POS MINN,” “E POSDN,” “E,” on the screen of the clothing sales site,” “MINE.”

1. Item (a) of Article 93 of the Trademark Act (Violation of the Trademark Act), Article 18 (3) 1 of the Unfair Competition Prevention and Trade Secret Protection Act, and Article 2 subparagraph 1 of the same Act concerning facts constituting an offense (a violation of the Unfair Competition Prevention Act)

1. Article 40 of the Criminal Code, Article 50 of the Criminal Code (MINE No. 0469917) is applicable.

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