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(영문) 인천지방법원 2016.09.29 2016고정2156
상표법위반
Text

Defendants shall be punished by a fine of KRW 2,000,000.

Defendant

If A does not pay the above fine, it shall be 100.

Reasons

Punishment of the crime

Defendant

A From May 2, 2013, to the date of May 22, 2013, the representative director of the corporation B located in Dong-gu Incheon Metropolitan City, who actually operates the company, and the defendant B is a company that imports and sells heating equipment, etc.

1. On October 10, 2013, Defendant A posted an article on the Internet Open Market website (htp://www.11stst.co.co.) of 11st on the product name of the Defendant, stating “F” in the product name column of the owner of the trademark right to use the trademark “H” (trademark registration number I) in the advertisement of the said product without authority of the damaged party, and posted an article on the said 11th on November 1, 201 for selling the bath heating apparatus at the Internet Open Market homepage, and using the trademark of the said victim without authority by stating “J” in the product name column.

2. Defendant B, a representative director of the Defendant, committed a violation of the Trademark Act as referred to in paragraph (1) in relation to the Defendant’s business at the same time and place as that of paragraph (1).

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement of the police statement related to G;

1. A trademark registration certificate or a service registration certificate;

1. An output produced at least 11 times as a result of the search;

1. Application of each investigation report (to attach details of output of suspect's sales products, to open market 11-A product registration methods manuals) and statutes;

1. Relevant Article of the Act and the choice of punishment for the crime;

A. Defendant A: Article 93 of the former Trademark Act (Amended by Act No. 14033, Feb. 29, 2016); Selection of fines

B. Defendant B: Articles 97 Subparag. 1 and 93 of the former Trademark Act (Amended by Act No. 14033, Feb. 29, 2016)

1. Defendant A who is detained in a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;

1. Defendants of the provisional payment order: Article 334(1) of the Criminal Procedure Act

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