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(영문) 인천지방법원 부천지원 2015.03.19 2015고정250
상표법위반
Text

Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is a retailer, such as clothes, who operates an Internet shopping mall.

On September 18, 2014, the Defendant posted the Internet shopping mall address and linked “B” that he/she operates to allow a large number of unspecified persons visiting the said B, to purchase the said goods, after displaying “E” with a trademark attached on the B B website for sale purpose.

However, on August 8, 2013, “F” representative G of “F”, the complainant, was partially transferred the right to trademark registration from H, the trademark right holder, and registered as an exclusive licensee on April 3, 2014. The complainant’s trademark identical with the trademark of another person is not subject to infringement of another person’s trademark right, such as advertising or displaying another person’s trademark on goods similar to the designated goods, or advertising or displaying another person’s trademark on goods identical with or similar to the designated goods.

On September 18, 2014, the Defendant infringed the trademark right of the complainant by advertising and exhibiting the trademark identical to the trademark D, which is the same as the trademark registration of the exclusive license, on the Internet B B, which is the complainant, on the goods identical to the designated goods.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police officer to I;

1. Application of the Trademark Registration Register, B B B B-rops, and Acts and subordinate statutes on photographs;

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

2. Articles 70 (1) and 69 (2) of the Criminal Act for the confinement of a workhouse.

3. Article 334 (1) of the Criminal Procedure Act.

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