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(영문) 대전지방법원 2016.09.23 2015고단1007
상표법위반등
Text

Defendant

A Imprisonment with prison labor of one year and six months, and Defendant B shall be punished by a fine of thirty thousand won,00,000 won.

, however, the defendant.

Reasons

Punishment of the crime

1. Defendant A is the representative of Defendant B from around December 2003.

(a) No person who violates the Unfair Competition Prevention and Trade Secret Protection Act against the Seoul milk cooperative shall commit an unfair competition act that causes confusion with another person's goods by using any product identical or similar to another person's name, trade name, trademark, container or package of goods, or any other mark indicating another person's goods, which is widely known in the Republic of Korea, or by selling, distributing, importing, or exporting goods using such product;

The Defendant: (a) from June 2, 2009 to December 4, 2014, at the Defendant’s headquarters located in Sejong City Co., Ltd. D; and (b) the Defendant’s trademark of the Seoul Postal Cooperatives (a separate prize) widely known in the Republic of Korea to the victim’s Republic of Korea.

1. The trademark in a shape similar to the trademark (a villa);

1. The ice ice, such as “E” and “F,” attached thereto, sold to wholesale and retail enterprises across the country.

Accordingly, the Defendant committed an unfair competition act that causes confusion as if the products he manufactured and sold were products manufactured and sold by the victim union.

(b) No person who violates the Trademark Act and the Unfair Competition Prevention and Trade Secret Protection Act with respect to ice Co., Ltd. shall engage in an unfair competitive act, and a trademark identical to another person’s registered trademark shall not be used for goods similar to the designated goods or for goods identical with or similar to another person’s registered trademark;

The Defendant, at the same place as the foregoing A from February 6, 2012 to August 2014, 2014, was widely known in the Republic of Korea, and at the same place as the victim ice Ga, Inc., and registered as the designated goods a trademark “G” trademark (a separate attachment) which is registered with the Korean Intellectual Property Office as the victim ice Gagra, Inc.

2. H’s trademark (Added) similar to “H” (H)

2. The producer manufactured a ice cream with a elimination and sold it to wholesale and retail enterprises across the country.

The defendant himself manufactures and sells it.

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