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(영문) 부산지방법원 2014.08.07 2013고단3696
상표법위반
Text

Defendant shall be punished by a fine of four million won.

Where the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

No one shall deliver, sell, forge, imitate, or possess a trademark identical with or similar to the registered trademark of another person for the purpose of using or making another person use such trademark on goods identical with or similar to the designated goods.

1. On July 201, 201, the Defendant, who violated the Trademark Act, was requested from B, who was known to Pyeongtaek around July 201, to forge the food plastic packaging paper for “the old pacifine,” and received from B, the plastic packaging paper for “the old pacifine,” “the old pacifine,” which was “the old pacifed.”

around that time, the Defendant asked C to make up about 12,00 plastic packaging paper for the old-path ( approximately 6,000 tons for each page) of vinyl Corresponding in the vicinity of the "K&C21" located in Busan Central-gu, Busan Central-gu, with the knowledge of the old-pathic paper of the “stock company,” which was dried from B to B, and the Defendant asked C to create approximately 12,000 plastic packaging paper for the old-pathic paper.

around the end of 2011, the Defendant was delivered 12,00 paper 12,00 paper of the old-pashion packing paper for the old-pashion, on which C applied and supplied to a mutually influence producer in China, with a forged trademark in the same or similar form as “the old-pahion pah,” on which C applied and supplied.

As above, the Defendant infringed the trademark right registered with the trademark identical to the registered trademark of another person on the ground that the trademark is used for goods identical with or similar to the designated goods of another person as designated goods.

2. Around August 2012, the Defendant violated the Trademark Act (around August 2012, 2012) produced 20,500 copies (a quantity which can pack approximately 10,250 tons per page) of the same package in the same manner after receiving the same request from B in the vicinity of the YE event site in the south of the Republic of Korea, and received delivery around October 2012.

As above, the Defendant registered a trademark identical to the registered trademark of another person with the intention to use it on goods identical with or similar to the designated goods, with the intention of using it as designated goods.

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