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(영문) 특허법원 2018.01.26 2017나2172
손해배상(기)
Text

1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The court's explanation on this part of the facts of recognition is identical to the statement No. 2, No. 11, No. 4 of the judgment of the court of first instance, and this part is cited by the main text of Article 420 of the Civil Procedure Act.

2. Existence of liability for damages;

A. According to the facts of recognition as above, the Defendants participated in the process of manufacturing only 10,00 boxes of the Plaintiff’s products, which are cases to contain counterfeit products bearing marks identical to the Plaintiff’s registered trademark without the Plaintiff’s permission, thereby infringing the Plaintiff’s trademark right as to the Plaintiff’s registered trademark.

The Defendants’ act is stipulated under Article 2(1)7 of the former Trademark Act (amended by Act No. 14033, Feb. 29, 2016; hereinafter the same).

(b) an act of indicating a trademark on the packaging of a good or an act of indicating it on the packaging of a good.

The act of transferring or transferring a trademark on the packaging of goods constitutes a trademark infringement, which constitutes a "transfer or delivery of a trademark on the packaging of goods."

However, there are circumstances that justify the fact that a person who infringed another person's trademark right is presumed to be negligent in the infringement, and that the person who infringed another person's trademark right is not negligent in the infringement.

It is necessary to assert and prove that there are circumstances that justify the belief that the trademark he/she uses does not fall within the scope of the right of the registered trademark (see Supreme Court Decision 2013Da21666, Jul. 25, 2013). In this case, the Defendants did not assert and prove any such circumstances.

Therefore, as a joint tortfeasor of trademark infringement, the Defendants are jointly and severally liable to compensate the Plaintiff for the damages incurred by the Plaintiff due to the infringement of trademark rights pursuant to Article 66-2 of the former Trademark Act and Article 760 of the Civil Act.

B. As to the Defendants’ assertion, the Defendants constitute a finished product of the Plaintiff’s product.

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