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(영문) 서울서부지방법원 2010.03.31 2010고단45
상표법위반 등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

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 the designated

The Defendant is a person who operates a store "E" on the first floor located in Jung-gu Seoul Metropolitan Government D, and manufactures and sells a bank.

The Defendant used a map in the market secured through the Monogram Canvas Trink on the package of the attached Form 1, which was registered as a trademark by the Defendant, to produce and sell household bags, landmarks, and other products similar to those of the attached Form 2, using the lugram trademark registered as a trademark, and attempted to obtain unjust profits.

From early May 2009 to October 23, 2009, the Defendant sold 600,000 won of a household with a figure trademark in attached Form 2, similar to the figure trademark in attached Form 1, which is similar to the figure trademark in attached Form 2, which is a trademark registered with the Korean Intellectual Property Office (LOIS VUTON, No. 330235) at the above "E store," which was operated by the Defendant, and sold 80,000 won of a household, and sold 80,000 won of a household, and 170,000,000 of a household wall (or 13,000,000,000 won at the selling price) for the purpose of sale, thereby infringing the trademark right of the victim.

2. No person who violates the Unfair Competition Prevention and Trade Secret Protection Act shall cause 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, or other goods identical or similar to a mark indicating another person's goods, which is widely known in the Republic of Korea, or by selling, distributing, importing, or exporting goods using such a mark;

The Defendant, as described in the above 1.1., manufactures and sells bags and bags using diagrams trademarks similar to the diagrams trademark of lubage, and manufactures and sells excreta products.

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