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(영문) 서울중앙지방법원 2017.08.09 2017고단1498
상표법위반등
Text

Defendant

A and B shall be punished by imprisonment with prison labor for 10 months, by imprisonment with prison labor for Defendant C, and by a fine for 3,000,000 won.

Reasons

Punishment of the crime

Defendant

A and B sell the dynasium, leather, etc. with the trade name "I" in Article 71 of the same building as the 2nd floor of H market in Jung-gu, Seoul.

Defendant

C It is a person who operates an unauthorized household manufacturing company under the trade name of "K" in the J of Jung-gu Seoul Central Government.

Defendant

D is a person who manufactures and sells household iron and liquid sheet with the trade name "M" in Seoul Special Metropolitan City, Nowon-gu L 102.

1. Crimes committed by Defendant A, B, or C through conspiracy;

A. Defendant A and B, in violation of the Unfair Competition Prevention and Trade Secret Protection Act, ordered Defendant C to provide each of the keys “H”, the international trademark of the “HES INTSNIONAL”, which is the international trademark of the “HH”, to be attached to the Ga to the above Ga, and the Defendant C was assigned the design, leather materials, and key from Defendant A and B, and conspired to directly manufacture the Ga Ga Ga la la la la la and attach the key thereto to deliver them to Defendant A, etc.

Therefore, from June 15, 2013 to October 12, 2015, Defendants manufactured 1,240 (a total amount of KRW 15,400,000,000), 550 (a total amount of KRW 15,400,000,000), 1,240 (a total amount of KRW 30,580,000,000,000) using the same mark as “H,” an international registered trademark of the said company, which is widely known to the Republic of Korea, and sold the said company, thereby causing confusion with the said company’s goods by making use of the same mark as “H,” which is an international registered trademark of the said company.

(b) No person in violation of the Trademark Act shall deliver, sell, forge, imitate, or possess a trademark identical or similar to another person's registered trademark for the purpose of using it on goods identical or similar to the designated goods;

Nevertheless, the Defendants conspired with each other on May 2015.

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