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(영문) 광주지방법원 2015.05.14 2013고정1931 (1)
상표법위반등
Text

1. Defendant shall be punished by a fine of KRW 3,000,000;

2. Where the defendant does not pay the above fine.

Reasons

Punishment of the crime

The Defendant registered a communications sales business from January 2, 2009 with the trade name of “E company” and was engaged in a mail order sales business that advertises goods to kids on the apartment, market, 11 unit price, and tamp Internet shopping mall site at his own residence, such as the Seo-gu, Seo-gu, Gwangju, Seo-gu, 206 Dong 409, Seo-gu, Gwangju, and 409.

1. No person who violates the Copyright Act shall infringe upon author's property rights or other property rights by means of reproduction, performance, public transmission, exhibition, distribution, lending, or preparation of a derivative work;

Nevertheless, from January 2, 2009 to July 1, 2013, the Defendant sold 3,187,69, 339, and 1,608, respectively, via 3,339, and 1,608, respectively, via 3,187, via 3,187, 2,696, and 111a, by purchasing the type of “I” character, which is the copyrighted work of Japanese limited liability company H, the copyright owner, in Seoul East-gu market, etc. and delivering it in a selective way.

2. No person who violates the Unfair Competition Prevention and Trade Secret Protection Act shall use any one identical or similar to another person's name, trade name, trademark, container or package of goods, or other marks indicating another person's goods, which are widely known in the Republic of Korea, or sell, distribute, import or export goods using such one to cause confusion with another person'

‘I's product marking is developed by Japanese limited liability company H in 2004 the ‘I' character in the shape of the drama and has the copyright, and it has the right to commercialized of the character in Japanese corporation J in 2006, and K was widely known in Korea by entering into a contract on the domestic commercialization right with the above H and J around February 2009 when importing and selling ‘I' character from 2006.

Nevertheless, the Defendant is widely known in Korea from January 2, 2009 to July 1, 2013.

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