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(영문) 서울중앙지방법원 2017.10.11 2017고정2514
상표법위반
Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

No person shall possess goods identical or similar to designated goods on which another person's registered trademark or any other trademark similar thereto is marked for the purpose of transfer or delivery.

On May 11, 2017, at the “C” clothing sales store operated by the Defendant located in subparagraph 50 of the Seoul Jung-gu Seoul Central District Building B, the Defendant tried to transfer or deliver 33 co-arts bearing the same and similar trademark as “Bururi (BURBERY, trademark registration No. 041946)” as the trademark registered by the trademark right holder, “Bururi (BURRRY, trademark registration No. 041946),” a trademark registered by the trademark right holder.

Accordingly, the defendant infringed the trademark right of the above trademark right holder.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the examination of the police officers of the accused;

1. A protocol of seizure and a list of seizure;

1. On-site photographs;

1. A statement of appraisal opinion and a list of prices of authentic goods;

1. Application of statutes of one copy of the trademark registration ledger;

1. Article 230 of the relevant Act on criminal facts and Article 230 of the Trademark Act on the Selection of Punishment (Optional to Penalty);

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 236(1) of the Trademark Act that is confiscated;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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