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(영문) 서울남부지방법원 2019.05.30 2019고정284
상표법위반
Text

Defendant shall be punished by a fine of KRW 1,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant, who is engaged in the clothing distribution business under the trade name of “B,” is a person who is engaged in the business of operating and managing “C”, “D” and “E” stores under the name of himself/herself and his/her family members.

No one shall use a trademark identical with the registered trademark of another person on goods similar to the designated goods, and use a trademark similar to the registered trademark of another person on goods identical with or similar to the designated goods.

Nevertheless, from March 1, 2018 to July 11, 2012, the Defendant used the F Building G, H, and the Defendant’s name “K,” “L”, “L”, and “E”, which are identical or similar to the “K” registered with the Korean Intellectual Property Office as the designated goods by the complainant on July 11, 2012.

Accordingly, the defendants used the trademark of the complainant without authority to mislead consumers into being the same as the brand of the complainant, thereby infringing the complainant's trademark right.

Summary of Evidence

1. Defendant's legal statement;

1. Statement by the police;

1. Application of statutes confirming the infringement of trademarks;

1. Article 230 of the Trademark Act and Article 230 of the same Act concerning criminal facts and the choice of fines;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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