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(영문) 부산지방법원 동부지원 2016.07.21 2016고정79
상표법위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant sold the remedy goods with the trade name C in Suwon-gu B.

No one shall deliver, sell, forge, imitate, or possess a trademark identical or similar to another person's registered trademark for the purpose of using or making another person use it for the same or similar goods as designated goods.

From June 201 to October 13:30, 2015, the Defendant: (a) displayed and sold 15 (5) bags, etc., which are designated goods using the same pattern, on the trademark registration (No. 030235, 023194, and 0118012) of the trademark registration (No. 030235, 023194, and 018012) on the trademark attached to the Korean Intellectual Property Office, along with a trademark identical to the trademark registration (LOIS VUITN) at the instant location, from June 19, 201 to October 13:30, 2015.

Accordingly, the defendant, using the trademark identical to the above registered trademark, infringed the trademark right of the owner of the trademark right on the lux lag belt.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements prepared in D;

1. Original register of trademark registration;

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

1. Application of Acts and subordinate statutes governing site photographs of seized articles;

1. Article 93 of the Trademark Act concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of an alternative fine for punishment;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Articles 97-2 (1) and 93 of the Trademark Act that are subject to forfeiture;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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