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(영문) 수원지방법원 성남지원 2020.06.09 2020고정273
상표법위반등
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Criminal facts

The facts charged were revised to the extent that it does not infringe on the defendant's substantial right of defense.

1. No person who violates the Trademark Act shall possess any goods identical or similar to the designated goods bearing another person's registered trademark or any other trademark similar thereto for the purpose of transferring or delivering them;

Nevertheless, around April 3, 2019, the Defendant infringed D’s trademark rights by displaying showers identical or similar to D’E (trademark registration number F) designated goods with a trademark identical or similar to D’s registered trademark “E” (trademark registration number F) at the Mayang-si “C” parking lot located in Gwangju-si, 2019, to customers.

2. No person who violates the Copyright Act shall infringe on author's property right by means of reproduction, performance, public transmission, exhibition, distribution, lending, or production of derivative works;

Nevertheless, the Defendant infringed upon D’s property rights by displaying showers, which are attached with goods similar to “G” (H), a work registered by D at the date, time, and place described in paragraph (1), to sell to customers.

3. No person who violates the Unfair Competition Prevention and Trade Secret Protection Act shall use another person's trademark or any other mark identical or similar to a mark indicating another person's goods widely known in the Republic of Korea, or sell, distribute, import or export goods using such mark to cause confusion with another person's goods;

Nevertheless, the Defendant committed an act of causing confusion with D goods by displaying showers who used a trademark identical or similar to D's trademark widely known in Korea at the date, time, and place mentioned in paragraph (1) in the street store to sell to customers.

Summary of Evidence

1. Application of the police protocol of statement to I of the defendant's legal statement, the register of trademark registration and the statutes governing field photographs;

1. Criminal facts;

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