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(영문) 부산지방법원 2016.05.11 2016고정616
상표법위반등
Text

Defendants shall be punished by a fine of KRW 3,000,000.

In the event that the Defendants did not pay the above fine, the Defendants did not pay the fine.

Reasons

Punishment of the crime

After the Defendants jointly establish manufacturing chain D such as liquid manure, they conspired to sell them after manufacturing chain A, Defendant B was in charge of financial affairs, Defendant C was in charge of manufacturing business, and Defendant C was in charge of liquid taxation and fiber smoke.

1. No trademark identical with a trademark registered by another person in violation of the Trademark Act shall be used for goods similar to the designated goods, or any trademark similar to the registered trademark of another person shall be used on goods identical with or similar

A. The victim E (Representative F) Co., Ltd. (hereinafter “E”) filed for trademark registration (H) of GE.

Nevertheless, from August 2015 to October 30, 2015, the Defendants manufactured approximately 2,800 liters of textile smoke in D places of business located in Gangseo-gu Busan Metropolitan City, Busan Metropolitan City, and subdivided it into approximately 700 liter containers, and sold them into approximately 700 liter containers. Accordingly, the Defendants infringed the trademark "E" registered by the injured party by attaching a boiler marked "J" for each container.

B. The Victim E (Representative F) Company (F) filed for trademark registration (M: the number of the trademark registration).

Nevertheless, from August 2015 to October 30, 2015, the Defendants manufactured about 3,600 liters at the said D workplace, and subdivided them into approximately 1,200 liter containers, and sold them into about 3 liter containers, and thereby, put up and sold a boiler marked “N” on each container, thereby infringing upon the LL.

2. Although the Defendants may not cause confusion with another person’s products by using any other person’s name, trade name, trademark, container or package, or other product identical or similar to a mark indicating another person’s goods, which is widely known in the Republic of Korea of violation of the Unfair Competition Prevention and Trade Secret Protection Act, or by selling, distributing, importing, or exporting any product using such product, the Defendants are trademarks in the business chain No. 5 of the manufacturing company, such as domestic famous fibres, at the date, time, and place specified in the preceding paragraph.

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