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(영문) 서울서부지방법원 2016.02.05 2014고정1571
상표법위반등
Text

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

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. While the Defendant in violation of the Trademark Act had an office in Eunpyeong-gu Seoul Metropolitan Government 2nd floor and has operated a business of selling Arabic-out products through Internet carcers D and E, the Defendant displayed the Defendant’s trademark “SALEWA” (registration number No. 069678), and the trademark (registration number No. 07188, 0748, hereinafter referred to as “instant trademark”) with the same trademark as the trademark attached to “the instant trademark” from around September 22, 2013 to around October 13, 2013, with the Defendant’s office attached 300 square meters from 16,00,000 to 19,000 won, and then sold the instant trademark through the above Internet carc, and displayed the Defendant’s exclusive trademark from around October 22, 2013 to around March 13, 2013, with the Defendant’s trademark attached to the instant trademark.

2. On October 22, 2013, the Defendant violated the Unfair Competition Prevention and Trade Secret Protection Act, having an office on the Eunpyeong-gu Seoul Metropolitan Government 2 level C2, selling air conditioners attached the same trademark as the trademark of this case, which is similar to the trademark of this case, and displayed the trademark of this case in the advertisement of the above goods.

Accordingly, the Defendant sold goods similar to the trademark of the victim company widely known in Korea, thereby causing confusion with the goods of the victim company.

Summary of Evidence

1. Each legal statement of G and H;

1. A protocol concerning the examination of a part of the prosecution against I and F;

1. Each statement of the defendant;

1. Investigation report (Receipt for the purchase of household goods, etc.);

1. Printeds on each complainant's Internet homepage, D, E Internet carbook list, e-mail advertising, etc., E's ALEWA factory leakage, and D Internet carbook output;

1. Original register of trademark rights;

1. Product photographs;

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