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(영문) 서울남부지방법원 2019.09.04 2019고단1620
상표법위반
Text

Defendant

A Imprisonment for six months, Defendant B shall be punished by a fine of 5,00,000 won, and Defendant C by a fine of 3,00,000 won.

Reasons

Punishment of the crime

1. Defendant A is a person who operates “D”, a business entity that sells golf holess, etc.

The Defendant purchased a heavy golf machine with a view to selling so-called “E” only on the surface of the instant golf machine (hereinafter washing or re-leeping a heavy golf machine) and selling it to B or to unspecified multiple consumers who run a golf machine manufacturing company on the surface without permission.

On May 29, 2018, around May 29, 2018, the Defendant transferred 6,000 “revitedball” without compensation to B, where the marks of “J” and “K” were registered with the Korean Intellectual Property Office as designated goods, at the F building in Bupyeong-si, the office in “D”, and “H”, and “H” registered with the Korean Intellectual Property Office as the designated goods.

Accordingly, the Defendant violated the trademark right by using a trademark identical or similar to the registered trademark of another person on goods identical or similar to the designated goods.

B. On October 2, 2018, the Defendant committed the crime at the above “D office” around 11:40 on October 2, 2018, and the above 1-A.

As described in the paragraph, the marks of J and L have been kept for the purpose of transferring 2,556 "B" or to many unspecified customers, each of which was without permission by the unclaimed persons.

Accordingly, the Defendant infringed the trademark right by carrying goods identical or similar to the designated goods on which another person’s registered trademark or a trademark similar thereto is marked.

2. Defendant B is a person who operates “E”, a business entity that sells golf holes, etc.

The Defendant had a mind to sell a “revital”, which he received from A.

On May 29, 2018, the Defendant’s office at the F Building in Bupyeong-si and D’D’ office located in sub-paragraph (G), and the Defendant’s office at the above 1-A.

As described in paragraph (1), 6,00 marks "J" and "L" consisting of 6,00 "revitedball", each of which is unauthorized by unclaimed persons A, and they are 5,100 sales proceeds to C.

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