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(영문) 대전지방법원 2017.09.26 2017고단1833
상표법위반등
Text

A defendant shall be punished by imprisonment for not less than five months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Korea Institute of Science and Technology is a national university located in Daejeon for the purpose of training human resources necessary for the development of science and technology and research of basics and advanced science. The "Kast" and "KAIST" mean the Korea Institute of Science and Technology, which is widely known in the Republic of Korea in the field of science and education. The Korea Institute of Science and Technology registered a service list (registration number: 065640) with the mark "Korea Intellectual Property Office on December 22, 200," "Korea Institute of Science and Technology" as "business of managing a private teaching institute," "business of managing a creative private teaching institute," and "business of managing a private teaching institute."

The Defendant was a person who moved into the said Korea Science Technology Institute from around 2001 to around 2008 and established and operated a venture business referred to as “D”. From around around 2008, the Defendant closed down the said D around around 2008 to around 201, the Defendant was holding a E Scientific Camp that educates elementary school students, middle school students about creative thinking techniques, robot control programs, and brain wave principles, etc., and the Defendant was allowed to use the mark “Kast” as a campaign operated by the Defendant, regardless of the Korea Science Technology Institute.

1. The Defendant, in violation of the Trademark Act, posted the word “G” on the above scientific campaign’s publicity log (F), and posted the word “G” on the advertisement page provided by the Internet evasion website H as the type of search key advertising offered by the Internet portal site H, and on the search page, published the advertisement “I” on the services for the pertinent company’s link (Link) at the top of the screen as a result of the search.

A. On July 2016, the Defendant: (a) requested a link advertising service at the Daejeon Sung-gu J and 1205 office to (ju) H; and (b) entered the H search room into “G”, the search results indicate that the Defendant “G” is the “Kast” list, which is the registration service list of the Victim Korea Science and Technology Institute, at the top of the screen.

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