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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 수원지방법원 성남지원 2012.09.20 2012고정929
상표법위반
Text

The defendant shall be innocent.

Reasons

1. The summary of the facts charged is that the Defendant is a person who operates cosmetics manufacturing and wholesale and retailing cosmetics in the Jung-gu Seoul Special Metropolitan City Dtash B101.

The term "LABCCONE" is a trademark registered in Korea with the name of a university research institute (Lboratoros Conce) which has been created to use falbbs for cosmetics made by extracting water in Chile as designated goods, such as skin cremation forests, skin cremation forests, cosmetic purchasing agency services, cosmetics wholesale business, cosmetics retail business, cosmetics sales agency business, etc.

On December 2, 2011, the defendant produced 3,00 galg galb flock 3,00 in the Ecosmetic's place of business operated by the defendant, and did not obtain permission for use from the complainant with respect to the trademark "LABCCONTE" [No. 40-0790368000 (registration date May 29, 2009), No. 41-01830400 (registration date March 24, 2009)] registered as the trademark in Switzerland's place of business.

Nevertheless, the trademark right of the complainant was infringed upon by indicating "ACACI LABCCONE" in the flive flives of the above month.

B. On January 20, 2012, the Defendant, around January 20, 2012, publicized “F,” an Internet shopping mall, to sell “ACACI SNAI CREM” produced by the said company, and registered by the complainant.

The term “LABCCONE” did not obtain a license from the complainant.

Nevertheless, the above product infringed on the complainant's trademark right by marking it such as Rabal scream, E Abalthal scki (container).

2. Determination

A. We examine whether the Defendant was aware of the existence of the trademark of this case and used the name of each product of this case, i.e., whether there was an intention of trademark infringement.

B. (1) From around 2007, the trademark right holder of the instant case sells Khile Calket in Korea. The trademark of the instant case completed trademark registration on May 29, 2009 and March 24, 2009, two years before the date of the instant case.

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