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(영문) 대전지방법원 2014.01.08 2013고정2285
상표법위반
Text

Defendant shall be punished by a fine of KRW 4,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The defendant is a person who operates a sales store for adult products with the trade name called C from B 1st floor at Si interest-si.

No person shall possess, for the purpose of transfer or delivery, any goods identical with or similar to the designated goods on which another person's registered trademark or a trademark similar thereto is marked, without legitimate authority.

Nevertheless, on March 21, 2013, the Defendant: (a) held on March 21, 2013, for the purpose of transferring or delivering 86,400 won at the fixed price at which the marks of Bagra (VAGRA) which arbitrarily indicated the marks of Bagra (VIGRA) that had been registered with the Korean Intellectual Property Office as a medicine for treatment of cIAL disorder; (b) the trademark of Bagra (VIGRA) was arbitrarily indicated to the Korean Intellectual Property Office; and (c) the U.S. Lagnbnbnb (U.S.) was registered with the Korean Intellectual Property Office for a medicine for treatment of cIAL disorder disorder; and (d) the trademark of CIALAWnnnnb

Accordingly, the defendant infringed the trademark right of the above trademark right holder.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Seizure records;

1. The original trademark register;

1. Application of the Acts and subordinate statutes for isolation;

1. Article 93 of the Trademark Act concerning criminal facts;

1. Selection of each alternative fine for punishment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 97-2 (1) of the Trademark Act that is confiscated;

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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