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(영문) 서울서부지방법원 2015.11.26 2015고정1206
상표법위반등
Text

Defendant shall be punished by a fine of KRW 4,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On August 19, 2015, the Defendant was sentenced to a suspended sentence of four-year imprisonment with prison labor for the crime of rape by the Seoul High Court, and the said judgment became final and conclusive on August 27, 2015.

1. No person who violates the Trademark Act shall use a trademark identical with the registered trademark of another person for goods similar to the designated goods, or use a trademark similar to the registered trademark of another person for goods identical with or similar to

Nevertheless, from September 1, 2014 to September 20, 2014, the Defendant sold a ice ice ice (registration number: 41 to 41-0252067) registered as a trademark registered as a snow ice (registration number: 41 to 41-0252067) in which the Defendant infringed the victim’s trademark right by selling a ice ice cream, care dump, dump water, etc. under the “D” business mark.

2. No person who violates the Unfair Competition Prevention and Trade Secret Protection Act shall cause any confusion with another person's goods or impair the distinctiveness or reputation of another person's mark by using any name, trade name, trademark, or container or package of goods of another person widely known in the Republic of Korea as identical or similar to a mark indicating another person's goods, or by selling, distributing, importing, or exporting goods using such a mark;

Nevertheless, the Defendant operated a car page using a trademark similar to the snow ice trademark at the date, time, and place mentioned in Paragraph 1, as described in Paragraph 1, and produced and sold vegetables, ices, Cream, etc. to cause confusion with the goods of snow ices or damaged the distinctiveness or reputation of snow ices.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A criminal investigation command (including attached documents);

1. A report on investigation (Attachment of the current status of trademark registration);

1. Previous convictions in judgment: Investigation report (Attachment to a judgment), case inquiry, and application of law of the judgment.

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