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(영문) 춘천지방법원 강릉지원 2018.10.26 2017고단1272
상표법위반등
Text

Defendants shall be punished by a fine of KRW 2,000,000.

In the event that the Defendants did not pay the above fine, the Defendants did not pay the fine.

Reasons

Punishment of the crime

1. Defendant A (the 2017 highest group 1272), Defendant A, from the last day of January 2017 to October 2017, operated “G” furniture stores on the Gangnam-si F and the 2nd floor from the end of Gangseo-si from the end of January 2017, selling the land by using “G” trademark.

A. From January 2017 to October 2017, the Defendant in violation of the Trademark Act infringed the trademark right of the victim by displaying, keeping, and selling the beds attached with a trademark “G” similar to “G”, which was registered as a trademark by H as the trademark owner, “I” (trademark registrationJ), “(trademark registration L),” “(trademark registration L),” “(trademark registration M),” “(trademark registration L),” etc., with the trademark owner as the victim in the above “G” store as the essential part of the trademark registration.

(b) No person who violates the Unfair Competition Prevention and Trade Secret Protection Act shall use another person's name, trade name, trademark, or container or package of goods, or any other mark identical or similar to another person's goods, which is widely known in the Republic of Korea, or sell, distribute, import, or export goods using such a mark to cause confusion with another person's goods;

Nevertheless, from January 2017 to October 2017, the Defendant sold the beds with a mark “G” similar to the mark “O” and “P” of the Victim H Co., Ltd., widely known in the Republic of Korea at the above “G” store, thereby causing confusion with the goods of the victim.

2. Defendant B (2018 High 56) is a person who sells electricity bed, etc. in the trade name “G” from Q in Samk-si.

A. From November 2016 to October 23, 2017, the Defendant violated the trademark right of the victim by displaying, keeping, and selling ties attached with the trademark “G” similar to “G”, a trademark registered as a trademark (J), “(K),” “(trademark registration L),” “(trademark registration M),” “(trademark registration L),” and “(trademark registrationN),” etc., of the victims of damage in the above “G” store,” the trademark right of the victim was infringed.

B. Violation of the Unfair Competition Prevention and Trade Secret Protection Act.

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