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(영문) 서울동부지방법원 2013.08.07 2013고단167 (1)
상표법위반
Text

Defendant

A shall be punished by imprisonment with prison labor for ten months and by imprisonment for one year and four months, respectively.

provided that this ruling has become final and conclusive.

Reasons

Punishment of the crime

1. Highest 2013 highest 167;

A. From September 2012 to March 2013, Defendant A acquired 300 marks of “LOUIS VUITON” (trademark registration number No. 059471) in the same shape as the trademark right holder’s registered trademark “LOIS VUITON” (trademark number No. 059471), which was manufactured by Defendant A, for the purpose of re-sale, from September 2012 to March 2013, Defendant A sold it to the store retailers of Seodaemun-gu and infringed the above trademark right.

B. From July 2012, Defendant A kept a bags with a false trademark attached to the warehouse of Mapo-gu Seoul Metropolitan Government 1st floor, and sold it at the store of Dongdaemun-gu Masio retail. On December 6, 2012, Defendant A infringed on the trademark rights of the above trademark right holder by keeping 237 bags with a trademark of the same shape as “LOUS VUITON” (No. 059471 of the trademark registration number), a registered trademark of “LOUS VUITON” (No. 059471 of the trademark registration number), for the purpose of sale in the storage warehouse.

2. Highest 2013 highest 716;

A. From September 2012 to March 25, 2013, Defendant B manufactured 1,050 marks with the same shape as “LUIS VUTON” (Trademark No. 059471) at three factories, such as the manufacturing factory of the first floor underground in the Hanam-si, the foundation factory in Gangdong-gu Seoul, the first floor underground in the Gangdong-gu Seoul Metropolitan Government, the sampling factory in the Namyang-si, and the first floor warehouse in the Namyang-si, the first floor in the Namyang-si, and one warehouse, and infringed the trademark right by selling them to A.

B. Defendant B’s aforementioned 2-A around March 25, 2013

A trademark right holder's registered trademark "LOIIS VUTON (Trademark No. 059471) for the purpose of selling at the places indicated in the port, shall be identical to 301 points on which a forged trademark in the same shape is attached ( trademark presumption price of KRW 903,00,000), which is a registered trademark of "LOIS VUTON" (LOIS No. 059471).

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