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(영문) 부산지방법원 2020.08.20 2020고정697
상표법위반등
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

No one shall use any trademark identical or similar to another person's registered trademark for goods identical or similar to the designated goods, and shall use any trademark identical or similar to another person's name, trade name, trademark, container or package of goods, or any other mark widely known in the Republic of Korea, or sell, distribute, import, or export goods using such mark, thereby causing confusion with another person's goods.

Nevertheless, around August 2019, the Defendant sold the Internet shopping mall “D,” “E,” “F,” and “G,” etc., which is a trademark registered with the Korean Intellectual Property Office by the victim H, which is a trademark registered with the Korean Intellectual Property Office by the victim H, without obtaining permission for the use of the Plaintiff, the trademark holder, door, and sign, etc.

As a result, the defendant infringed the victim's trademark rights and, at the same time, sold goods identical or similar to another person's trademark widely known in Korea, thereby causing confusion with another person's goods.

Summary of Evidence

1. Partial statement of the defendant;

1. The original trademark register of police statements made to I;

1. Internet shopping mall posts, investigation reports (a photographic photographing of products bearing forged trademark), investigation reports (Attachment to related photographs), investigation reports (Attachment to the specifications of transaction), and investigation reports (Attachment to attached specifications) were separated from the main body and rubber in JJ H H H in the dispute resolution committee, and rubber was stored in the original finished product package, composed of rubber, and sold high-priced hybrids as rubber to the original finished product.

The defendant's act goes beyond the scope of simple processing or repair by JWer, and is creating new products by changing the original form and quality of JWer.

In other words, the original product constitutes an act of producing another new product.

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