(영문) 서울동부지방법원 2015.11.27 2015고정410

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(영문) 서울동부지방법원 2015.11.27 2015고정410

상표법위반

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Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

The Defendant is a person running “D” as a water purifier manufacturer and sales business entity in Gwangjin-gu Seoul Special Metropolitan City from June 2008.

From January 1, 2013 to September 2014, the Defendant posted an advertisement on the said D’s website (E) that the Defendant sells the water purifiers bearing the trademark “HI” registered with the G Intellectual Property Office by the owner of the trademark right, and sold 36,50,000 won of the water purifiers bearing the trademark “I” through the Internet, etc. from January 10, 2013 to July 2013, the Defendant sold from January 10, 2013 to July 2013.

Accordingly, the defendant committed the infringement of trademark rights.

Summary of Evidence

1. Legal statement of witness F;

1. A protocol of examination of part of the defendant by prosecution;

1. Written complaint (including a trademark registration certificate attached thereto, and the page of the investigation record No. 43);

1. A written resolution of the dispute settlement council;

1. Each investigation report (the attachment of details of the process of civil procedure, the attachment of non-prosecution decisions, and the attachment of the judgment of civil procedure) / The defendant and defense counsel claim that the defendant used the trademark as indicated in the judgment under the agreement with F.

According to the above evidence and the documents submitted by the Defendant, if the Defendant and F invested money in the Defendant on December 201, 201 and the Defendant developed K Water purifiers (hereinafter “C”), the Defendant entered into a contract under which F exclusively supplied and sold them. While carrying out the business under the above agreement, F applied for the trademark “I” as indicated in the judgment and completed registration (hereinafter “instant trademark”). The Defendant manufactured the water purifier on which the instant trademark was attached and supplied it to F, and F and the Defendant planned to sell the said water purifier by designating it as one of sales agencies.

However, the following circumstances, which can be seen by the evidence, are ①.

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