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(영문) 수원지방법원 2014.06.26 2013고정3518
상표법위반
Text

Defendant shall be punished by a fine of KRW 5,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

From November 5, 2011, the Defendant is a person who had been working as a representative director by establishing a corporation “stock company E” in Yongsan-si on October 10, 201 in order to operate the said institute.

F On November 29, 2007, the Korean Intellectual Property Office of the Republic of Korea registered the service mark indicated “H” and “I” at the lower end, and registered the said service mark on October 16, 2012. The F transferred the registration of the service mark by the J on November 16, 2012.

No person may use a service mark identical or similar to another person's registered service mark for services identical or similar to that of the designated service.

Nevertheless, the Defendant received a demand from the stateJ, which transferred the above service mark through F, to suspend the use of the Defendant’s service mark from the StateJ, but from October 16, 2012, the Defendant filed a lawsuit against the Defendant to file an application for provisional injunction against the use of the service mark, and before the Suwon District Court mediated the above provisional injunction case, the said private teaching institute violated the Defendant’s right to use the service mark by attaching the service mark indicated as K, E, and E on the lower end by attaching it on the signboard, admission application, publicity materials, Internet homepage, etc., and attaching the service mark indicated as “K, E,” and on the Internet homepage.

Summary of Evidence

1. Partial statement of the defendant;

1. Some of the suspect interrogation records of the defendant by the prosecution (including the substitute part);

1. A protocol of partial police interrogation of the accused;

1. Each police statement concerning L;

1. Application of Acts and subordinate statutes to a copy of share acquisition agreement, copy of service mark register, and copy of each business registration certificate to acquire the management right of J;

1. Relevant Articles of the Act and the choice of punishment concerning the facts constituting the crime;

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