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(영문) 서울중앙지방법원 2012.06.29 2011고정545
상표법위반
Text

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

Defendant

If A does not pay the above fine, 50.

Reasons

Punishment of the crime

Defendant

A is a person who is working as the head of the planning office and supervises the selection and business of exporters and importers.

Defendant

B A corporation is a corporation established for the purpose of trade and trade services agency.

No act of using a trademark identical with the registered trademark of another person on goods similar to the designated goods, or using a trademark similar to the registered trademark on goods identical or similar to the designated goods.

1. Defendant A’s violation of the Trademark Act

A. On January 29, 1994, the Defendant, in collusion with G, who is the head of the business office of F, managed the affairs such as the purchase, customs clearance, etc. of the trademark 'Puhum Lex' trademark, which was registered with the Korean Intellectual Property Office on the designated goods of the U.S. F, by using the trademark as the designated goods of the Republic of Korea, from the Republic of Korea, by using the trademark 'Puhum Lex' trademark without permission, and the above G decided to take over and sell it.

Accordingly, around August 24, 2010, the Defendant left the Philippines production plant, confirmed the inventory goods, entered into an import contract with the H Group production plant. On August 30, 2010, the Defendant imported forged Pool 4,102 under the name of the Incheon Customs Office through the Incheon Customs Office and transferred it to the said G on September 1, 2010.

The above G sold Chapter 2,852 among them through the Internet Open Market, etc. in the name of F, and the rest of Chapter 1,250 until October 14, 2010, which was kept for sale at the place of business of F, Inc. of the above corporation, F, which was located in the Republic of Korea-U.S. I. 204.

Accordingly, the Defendant conspiredd with G, thereby infringing on the trademark right of the above trademark right holder.

B. On September 18, 2010, the Defendant, without a legitimate authority to use the trademark at the Incheon Airport Customs Office located in Jung-gu Incheon, Jung-gu, Incheon, pursuant to Article 030294, is a trademark registered with the Korean Intellectual Property Office as a trademark holder, “Ploph Lumren”, which is a forged trademark using a trademark identical to the trademark “Ploren”.

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