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(영문) 부산지방법원 2015.05.13 2014고정4833
상표법위반
Text

1. The defendant shall be punished by a fine of three hundred thousand won;

2. If the defendant does not pay the above fine, 10,000 won.

Reasons

Punishment of the crime

No one shall use a service mark identical to another person's registered service mark for any goods similar to such designated goods.

C On April 21, 2004, on application of service mark D for a service business, such as a driving agent, etc.

E. After being registered as a service mark (registration number F) with the Korean Intellectual Property Office on November 7, 2006, C has been engaged in driving agency business by establishing an exclusive license for the above registered service mark in (State)G operated by C.

On December 1, 2012, the Defendant entered into a total sales contract with G, Gyeongnam District, and agreed on August 1, 2013 when operating a business using the above service mark.

After the termination of the contract as above, the Defendant distributed a leaflet on the vehicles set up around H around March 2014 and sent the word “I” and infringed the service mark right by using the service mark similar to the above registered service mark by advertising the word “I”.

Summary of Evidence

1. Legal statement of the witness J;

1. Partial statement of the suspect interrogation protocol of the accused by the prosecution;

1. Application of the Acts and subordinate statutes of the Service Register List;

1. Relevant Articles of the Act and Articles of 93 (Selection of Fine)

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

3. The reason for conviction and sentencing of Article 334(1) of the Criminal Procedure Act of the provisional payment order was at least 10 years since the service mark "D" was registered and used, and there was no company using the service mark of "D" other than the defendant in Busan area. The defendant entered into a registration service mark agreement with the holder of the registered service mark and runs the proxy driving business in the name of "D" for eight months or longer, and the proxy driving company in the name of "D", which is the registered service mark right, has already secured a very superior status in Busan area, and consumers recognize "D" as its corresponding service mark.

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