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(영문) 서울북부지방법원 2015.06.18 2014고단2160
상표법위반
Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

No one shall use a trademark identical or similar to another person's registered trademark on goods identical or similar to the designated goods.

Nevertheless, from May 21, 2013 to January 17, 2014, the Defendant violated the trademark right by using the trademark “G” similar to the above trademark by means of displaying the trademark in its original form to the original shape, etc., on the Internet shopping mall “htp:/www. intersp. Sp.com/)” registered with the Korean Intellectual Property Office, D, a trademark registration number EF, registered with the Korean Intellectual Property Office, sold the goods identical to the designated goods of the EF of the trademark registration number EF registered with the Korean Intellectual Property Office.

Summary of Evidence

1. Part of the fourth trial record which includes witness H's statement;

1. The police statement of H;

1. A complaint;

1. The original trademark register;

1. The defendant and his defense counsel's assertion that, after becoming aware of the fact that he had placed an advertisement infringing D's trademark right at the I shopping mall operated by the defendant, the defendant had his employees delete all the relevant advertisements, and did not intentionally infringe upon trademark rights. The actual contents of the advertisement, which is similar to the registered trademark of another person, can be punished as infringement of trademark rights if the act of advertising the trademark of another person is limited to the willful negligence of the actor, i.e., the perception that the advertisement is conducted, and the intent of the deliberation to allow it (see Articles 2 (1) 7 (c), 66 (1) 1, and 93 of the Trademark Act). In light of the following circumstances, in view of the evidence duly adopted and examined by this court, the defendant's perception of the facts constituting the crime as well as the intent of the defendant and his defense counsel is not acceptable.

1 The defendant shall also file a complaint with D.

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