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Defendants shall be punished by a fine of one million won.
In the event that the Defendants did not pay the above fine, only 100,000 won.
Reasons
Punishment of the crime
D Co., Ltd. (hereinafter referred to as “D”) is a company registered with the Korean Intellectual Property Office by July 2013, 2013, that held the right to sell the “E” (trademark registration number F, trademark right holder:G) domestically, and the victim H Co., Ltd. (hereinafter referred to as “victim Co., Ltd.”) acquired the said “E”’s domestic exclusive license from May 6, 2013 and has the right to sell the said “E” in the Republic of Korea.
1. Defendant B, who operated a verbal wholesaler with the trade name “J” located in the Daegu-gu Month, and from March 2012, the Defendant concluded a consignment sales contract with D to the effect that “E” is to produce and sell the oral for women with the trademark attached to “E” and pay a certain amount of sales commission to D, while producing and selling the oral for women with the trademark attached “E” at around July 2013.
On March 2014, the Defendant did not hold an exclusive license to use a domestic trademark any longer than the previous DD, and the victim company knowingly knowingly acquired a new exclusive license to use the trademark “E” at the above “J” store operated by the Defendant, the Defendant sold the oral 80 turn-off 15,000 won per left-off store on which the trademark “E” was attached to the retailer A.
Accordingly, the defendant's trademark exclusive use right was infringed.
2. Defendant A, who operates oral retail stores in Daegu-gu K, and entered into an agency contract with the victim company from October 22, 2013 to enter into the “E” agency contract with the victim company from around October 22, 2013, and sold it after receiving a verbal supply for women with a trademark of “E” manufactured by the victim company, terminated the agency contract on January 21, 2014.
The Defendant has the right to produce and sell the products bearing the “E” trademark from March 7, 2014 to the 24th day of the same month, as in the preceding paragraph.