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(영문) 서울중앙지방법원 2016.10.26 2016고정181
부정경쟁방지및영업비밀보호에관한법률위반등
Text

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

Defendant

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

Reasons

Punishment of the crime

Defendant

A is the representative director of the corporation B (hereinafter referred to as "B") located in the building No. 908 in Seongbuk-gu, Seongbuk-gu, Sungnam-si, and Defendant B is a corporation established for the purpose of publishing, printing, and the development of educational equipment and materials.

No one 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 the designated goods, and conduct an unfair competitive act that causes confusion with goods of another person by using any trademark identical with the registered trademark of another person for goods identical with or similar to the name, trade name, trademark, container or package of goods of another person widely known in the Republic of Korea, or any

1. On July 2014, the Defendant entered into a “G” with the victim F, and published the teaching materials of the title “H” without the victim’s permission on December 2014, and published “I (trademark registration number J, K)” and “F (trademark registration number L), which is the trademark the victim registered with the Korean Intellectual Property Office; on January 20, 2015, published the above teaching materials, “M”, “N”, etc.; and on January 20, 2015, the Defendant used the above trademark “I (trademark registration number J)”; by stating the domain name “O” in the column of the contents of each of the above teaching materials, the Defendant committed an act of infringing the victim’s trademark right by using those similar to the trademark of the victim widely recognized in the Republic of Korea, and caused confusion with the products of the victim.

2. Defendant B, the Defendant, from December 2014 to January 2015, Defendant A, the representative of the Defendant, committed the same offense as that set forth in paragraph (1) above with respect to the Defendant’s business.

Summary of Evidence

1. Defendants’ respective legal statements

1. Legal statement of witness P;

1. Each of the G Contracts, Q teaching material sales photographs, B content certification, Q publicity photographs, Q fishing photography, G official door and attached materials, H ( Teaching materials), H (H), and R ( Teaching materials).

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