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(영문) 부산지방법원 서부지원 2021.02.09 2020고정647
상표법위반
Text

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

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

Reasons

Punishment of the crime

No one shall use any trademark identical or similar to another person's registered trademark for goods identical or similar to the designated goods, or possess any goods identical or similar to the designated goods on which another person's registered trademark or any other trademark similar thereto is marked for the purpose of transferring or delivering such trademark.

Nevertheless, on January 23, 2020, the Defendant infringed upon the Defendant’s trademark right or exclusive use right of 528 times in total from that time to February 13, 2020, including the sale of clothes, which attached a trademark registration number “F” to the Korean Intellectual Property Office, registered as a trademark registration number E, to the Korean Intellectual Property Office, as shown in the attached list of crimes.

Summary of Evidence

1. National examination report (the filing of evidential data verified by the person against whom such report has been made), evidential data 1, and 2 of the accused's written expert evidence of counterfeited statements in the court;

1. Application of the original register of trademark registration (D), investigation report, trademark registration number plates, register of trademark registration, Fear register of trademark registration Acts and subordinate statutes;

1. Article 230 of the relevant Act and Article 230 of the Trademark Act (only applicable to G (international registration number H, I (trademark registration number J, and K (trademark registration number L) among the registered trademarks entered in the list of crimes in the attached crime list), and Article 93 of the former Trademark Act (wholly amended by Act No. 14033, Feb. 29, 2016) of the Addenda to the Trademark Act (wholly amended by Act No. 14033, Feb. 29, 2016), “This Act shall apply from the application for trademark registration filed after this Act enters into force.”

“The registered trademarks indicated in the list of crimes in the separate sheet of crimes, excluding G (International Registration Number H and International Registration Number M), I (Trademark Registration Number J, Date of Application N), and K (O) are transferred to the date of application or the date of international registration (No. 1, 2016) of the enforcement of the former Trademark Act (wholly amended by Act No. 14033, Feb. 29, 2016).

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