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(영문) 서울남부지방법원 2013.09.27 2013고정2550
상표법위반
Text

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

The Defendants did not pay each of the above fines.

Reasons

Punishment of the crime

Defendant

A is a person who engages in the clothes processing business under the trade name of “C,” and Defendant B is a professional master.

The Defendants conspired to manufacture and sell the multiple points of the trademark identical to the trademark “TH NE NTRH FAE” registered with the Korean Intellectual Property Office (registered trademark number 075263, trademark right D, and exclusive licensee, Inc.) from December 3, 2012 to December 27, 2012, within the Defendant’s “C” factory located on the third floor of Geumcheon-gu, Geumcheon-gu, Seoul, within the scope of Defendant A’s management, Defendant B purchased the original parts, original parts, hairs, and fake trademark labelling labels, etc. necessary for the manufacture of fake points, and Defendant A purchased the aforementioned goods, etc. from Defendant B, and Defendant A manufactured the multiple points with the same trademark as the trademark registered with the Korean Intellectual Property Office, as above, by manufacturing the multiple points with the same trademark attached by Defendant B.

Accordingly, the Defendants conspired to use the trademark identical to the above registered trademark, thereby infringing on the trademark rights of the victim.

Summary of Evidence

1. Defendants’ respective legal statements

1. Investigation reports (Binding of the trademark register) and investigation reports (Binding of the fixed price lists);

1. Application of Acts and subordinate statutes on seizure records and list of seizure;

1. Defendants: Article 93 of the Trademark Act and Article 30 of the Criminal Act (Selection of Fines)

2. Defendants to be detained in a workhouse: Articles 70 and 69(2) of the Criminal Act;

3. Defendant A: Article 97-2 (1) of the Trademark Act

4. Defendants of the provisional payment order: Article 334(1) of the Criminal Procedure Act

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