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(영문) 수원지방법원 성남지원 2015.10.30 2015고단1704
상표법위반등
Text

Defendant

A Imprisonment with prison labor for one year, for each of six months, for each of six months.

However, the defendant A is dissatisfied with this.

Reasons

Punishment of the crime

1. Defendant A

(a) No trademark right nor exclusive license shall be infringed on, such as delivery, sale, manufacture, fabrication, fabrication, or possession, etc. of a trademark identical or similar to the registered trademark of another person in violation of the Trademark Act, for the purpose of using or making another person use such trademark on goods identical or similar

Nevertheless, the Defendant, from January 1, 2010, remodeled the inside of 46 Ra buses in the form of a clothing store, and made a tour in the neighboring area of the subway station and the Gyeonggi-do branch in Gangnam-gu Seoul, Seoul, to sell the clothing, etc. with a well-known forged trademark attached to Chinese luminous well, etc.

On March 24, 2015, the Defendant: (a) around 16:40 on the road located in Seocho-gu Seoul Metropolitan Government, Seocho-gu, Seocho-gu, Seoul; (b) held four clothes with a trademark registered at this place, which forged Marenia, a trademark registered at this place (registration number 680624), and held about KRW 160,000,000 in the market price of the good, and infringed the trademark rights of the said trademark owner for the purpose of selling forged goods, as shown in the attached list 1 of crimes committed in attached Table 1.

(b) Where the Minister of Land, Infrastructure and Transport intends to modify the structure and devices of a motor vehicle violating the Motor Vehicle Management Act, he/she shall obtain approval from the Mayor, etc., and shall not operate the motor vehicle knowing that it has been installed without approval;

On March 24, 2015, the Defendant, on a road located in Seocho-gu Seoul Metropolitan Government, Seocho-gu, Seoul, operated a D bus with knowledge that it was a bus with structural change by removing all seat seats in the bus, which is a passenger device, without obtaining approval from the Mayor, etc. for sale.

2. Defendant B, C

(a) No infringement of trademark rights and exclusive license shall be committed, such as delivery, sale, manufacture, fabrication, fabrication, or possession, of a trademark identical or similar to the registered trademark of another person in violation of the Trademark Act for the purpose of using or making another person use such trademark on goods identical or similar to the designated goods

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