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(영문) 수원지방법원 여주지원 2019.05.20 2018고단761
상표법위반등
Text

Defendant

A Imprisonment for one year, and Defendant Incorporated Company B shall be punished by a fine of 20 million won, respectively.

Defendant .

Reasons

Punishment of the crime

1. Defendant A

A. The Defendant violating the Trademark Act is the representative director of the Incorporated Incorporated Company B in Gyeonggi-gun C, and from July 2016, the Defendant is engaged in the manufacturing and wholesale business in the above Yangyang-gun from around July 2016 to the date.

A victim D Co., Ltd. (hereinafter “victim”) is a trademark holder of Fho Lake trademark registered with the Korean Intellectual Property Office, and a trademark holder of Hho Lake trademark registered with the Korean Intellectual Property Office, and (2) is a trademark holder of Hho Lake trademark registered with the Korean Intellectual Property Office.

No person shall use any trademark identical or similar to another person's registered trademark on goods identical or similar to the designated goods.

Nevertheless, from April 2017 to the date, the Defendant produced galking at the above B Co., Ltd., and indicated the victim Co., Ltd.’s trademark “I”, “J”, and “K” as similar to the registered trademark of the victim Co., Ltd., and indicated lids with the victim Co., Ltd. similar to the registered trademark.

Accordingly, the defendant used a trademark identical or similar to the registered trademark of the victim company for goods identical or similar to the designated goods, thereby infringing the trademark right of the victim company.

(b) No person who violates the Unfair Competition Prevention and Trade Secret Protection Act shall commit an act of causing confusion with another person's goods by using any one identical or similar to another person's name, trade name, trademark, container or package of goods, or other marks indicating another person's goods, which are widely known in the Republic of Korea, or by selling, distributing

Nevertheless, from April 2017 to the present date, the Defendant manufactured and sold a galking in the same brewing field as the above paragraph (a) and displayed the galkings and lids of Sgalglass as “I”, “J”, “K”, and “B” in the manner indicated as “L”, “L” and “B”, which are similar to the trademark widely recognized in Korea.

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