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(영문) 부산지방법원 2016.03.10 2015고단8586
상표법위반
Text

A defendant shall be punished by imprisonment for not more than ten months.

Seized evidence 1 or 2 shall be confiscated.

Reasons

Punishment of the crime

The defendant of "2015 High 8586" is a person who is engaged in trade business in Vietnam.

The Defendant, together with B, C and D, had expressed his intent to import clothing, etc., on which the trademark registration (registration Nos. 450001060000) was completed, from Vietnam, which had been arbitrarily marked with the U.S. E&A’s mark as the designated goods with the Corp Roy D’s mark as the U.S. Intellectual Property Office, as the designated goods.

On September 29, 2005, the Defendant: (a) exported 60 pages, etc. from Vietnam to B for the purpose of sale in Incheon, as well as B, C, and D, from around 26 times to August 13, 2008, on a total of 26 occasions, the Defendant infringed upon the trademark rights of the trademark holders by exporting from Vietnam to Incheon and Busan, as described in the list of crimes, the marks of the said ABE (ABE & FIT) are arbitrarily marked; and (b) 600 pages, etc. are shipped from Vietnam to the said ABE (FIT).

The defendant of "2016 Highest 145" is a person who is engaged in trade business in Vietnam.

The Defendant had expressed his mind to import from Vietnam to Busan Port the clothing on which the trademark registration (No. 450001060000) was completed with the U.S. Absp Cor Rod Rod Rod Rod Rod Rod Rod Rod Rod Rod Rod Rod Rod Rod Rod Rod Rod Rod Rod Rod Rod Rod Rod Rod Rod Rod Rod Rod Rod Rod Rod Rod Rod Rod Rod Rod Rod Rod Rod Rod Rod Rod Rod Rod n, a trademark registration (No. 4500, 1000) was arbitrarily marked with the trademark registration (FITCH).

On March 8, 2010, the Defendant: (a) loaded 1,601 punishments for clothing 4,725, on which the mark of the above ABER (ABEE & FIT) is indicated; and (b) exported from Vietnam to Busan for the purpose of selling it to Busan port; and (c) infringed on trademark rights of trademark holders for the purpose of selling it.

Summary of Evidence

(b).

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