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(영문) 부산지방법원 2014.12.12 2014고합146
상표법위반등
Text

Defendant

A and B Imprisonment for one year, Defendant C and E shall be punished by a fine of KRW 5,000,000, and Defendant D shall be punished by a fine of KRW 15,00,000.

Reasons

Punishment of the crime

1. On April 3, 2013, Defendant A and B, who is engaged in the distribution business, agreed to import and sell clothing in Vietnam, etc. with Defendant A and a person engaged in the distribution business.

On March 3, 2013, at the hotel located in Vietnam, the Defendants conspired to import the so-called Madices from K, a company selling and selling clothes, and through the Incheon port around April 3, 2013, the Defendants imported the so-called Madices from K, a company holding the trademark right, from the above K, for the purpose of correcting the trademark right ex officio, since the said company imported the said designated goods to the Korean Intellectual Property Office 4,920 points with the trademark identical or similar to the Madices (Dadlas, No. 003540) registered with the Korean Intellectual Property Office as Ethts and sports clothes (No. 1.72,22,00,00 won at the fixed price of goods).

2. A, B, C, and D around April 20, 2013, Defendant A, B, and C in violation of the Trademark Act were engaged in the same business and intended to import and sell clothing in Vietnam, etc., and, through Defendant D, who is the chief secretary of the L customs broker office, decided to conduct import clearance.

Defendant

A, B, and C were proposed to import the so-called "Madas (adas, registration number No. 0035400)" and "NE and registration number No. 0291) registered with the Korean Intellectual Property Office as a trademark holder through the Busan Port around April 20, 2013, at a hotel located in the city of Vietnam Minhman on early April 2013, and the so-called "Badas (adas, registration number No. 0035400)" and "Dadas (hereinafter referred to as "NE") registered with the Korean Intellectual Property Office by designating the designated goods as sports air conditioners, sports strings, etc., or with a trademark identical or similar to "NE" (NE and registration number No. 02901) with a trademark attached by the defendant D.

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