Page title background (PC version)Page title background (mobile version)

Deals & Cases

Violation of the Trademark Act

Trademark Act Violation Case | After Representing the Victim in Filing a Complaint for Trademark Act Violation, the Defendant Was Sentenced to a Fine

The client, who had been harmed by a violation of the Trademark Act, requested Daeryun's help. The client, who had been distributing bags bearing trademarks of his own design and making, learned that a competitor was selling clothing bearing a similar trademark and decided to file a criminal complaint.

CONTENTS
  • 1. The Client Who Visited Daeryun Regarding a Trademark Act Violation
    • - Trademark Act Violation: The Client's Account as Examined by Daeryun
    • - Statutes Related to Trademark Act Violation
  • 2. Daeryun's Assistance in Representing the Trademark Act Violation Victim in Filing a Complaint
    • - Daeryun Assists the Trademark Act Violation Victim in Sending a [Certified Content Notice]
    • - Argument That the Competitor's Trademark Act Violation Was a Clear Unlawful Act
  • 3. Trademark Act Violation Victim Client: With Daeryun's Assistance, the Defendant Was Sentenced to a Fine
    • - Trademark Act Violation: The Assistance of an Attorney Specializing in This Field

1. The Client Who Visited Daeryun Regarding a Trademark Act Violation

The client who visited Daeryun regarding a Trademark Act violation held a consultation with an attorney specializing in this field. The client wished to file a complaint against the competitor that had used a trademark similar to his own.

Trademark Act Violation: The Client's Account as Examined by Daeryun

Trademark Act violation

The account that the client gave when visiting Daeryun is as follows.

The client was the head of a one-person business that designed bags himself and handled their distribution as well.

He also designed the trademarks placed on the bags himself, and they began to attract considerable interest.

In the meantime, the client learned that a competitor was selling products bearing a trademark very similar to his own.

Because it was so similar that it was not easy to distinguish from the client's trademark in appearance, it seemed likely to be mistaken for a product of the client's company unless examined closely.

The client wished to take legal action against the competitor and requested that Daeryun represent him in filing a complaint.

Statutes Related to Trademark Act Violation

A ‘trademark’ is a type of mark used to distinguish one's own goods from the products of others.

The ‘Trademark Act’ is a law enacted to grant an exclusive right to use a trademark and to protect the income of the trademark holder and the trust of consumers.

In the case above, the charge that may apply to the competitor depends on whether the client ‘holds a trademark right.’

If the client has registered the trademark and holds a trademark right, it constitutes infringement of the trademark right.

However, if the trademark has not been registered, it may be punishable as a violation of the Unfair Competition Prevention and Trade Secret Protection Act.

▣ Article 230 of the Trademark Act (Infringement)

A person who infringes a trademark right or an exclusive license shall be subject to imprisonment for not more than seven years or a fine of not more than 100 million won.

A lawsuit for trademark right infringement proceeds after the similarity of the marks and the likelihood of confusion are confirmed.

A notable feature is that even indirect borrowing, rather than direct use, may be subject to punishment.

The court determines whether a trademark right has been infringed based on factors such as (1) the similarity of the trademarks, (2) the similarity of the goods, and (3) trademark use.

2. Daeryun's Assistance in Representing the Trademark Act Violation Victim in Filing a Complaint

In order to file the criminal complaint for the client who had been harmed by a Trademark Act violation, Daeryun held a consultation with the client to ascertain the circumstances of the case in detail.

Daeryun then gathered various pieces of evidence in order to argue that the competitor had clearly violated the Trademark Act.

Daeryun Assists the Trademark Act Violation Victim in Sending a [Certified Content Notice]

Before the criminal complaint, Daeryun advised the client of a preliminary measure called a ‘certified content notice.’

A certified content notice may be sent containing the facts of the unlawful act, a request to cease that act, and content regarding matters such as payment of damages.

If the accused does not comply with the request, the certified content notice may serve as important material for proving intent in the lawsuit.

hereClicking will take you to legal information on how to respond to a certified content notice for trademark right infringement, provided by a Daeryun intellectual property attorney.

Argument That the Competitor's Trademark Act Violation Was a Clear Unlawful Act

In the course of representing the client in filing the complaint, Daeryun carefully analyzed the competitor's unlawful act and made the following arguments.

■ By submitting as evidence that there were consumers who actually saw the competitor's trademark and purchased products mistaking them for the client's, Daeryun argued that the degree of similarity was substantial.

■ Daeryun argued that the trademark right had been registered for the trademark in question and that the client's period of use also long predated that of the competitor.

3. Trademark Act Violation Victim Client: With Daeryun's Assistance, the Defendant Was Sentenced to a Fine

The client, who sought to file a complaint against the competitor for a Trademark Act violation, obtained a result in which, with Daeryun's assistance, the defendant was sentenced to a fine.

Trademark Act Violation: The Assistance of an Attorney Specializing in This Field

Caution is required, because arbitrarily suspecting trademark misappropriation and sending a warning letter or making contact on the ground of a Trademark Act violation may, conversely, result in the recognition of a charge of interference with business, turning the sender into an offender.

Because the legal reasoning surrounding a Trademark Act violation is complex and the issues involved are varied, it is advantageous to obtain the help of an attorney specializing in this field.

At Daeryun, multiple intellectual property attorneys form a team to provide legal assistance for a single client.

If you are facing difficulties due to a competitor's misappropriation of your trademark, you are welcome to visit Daeryun Law Firm at any time.

상표법위반 조력 사례 | 상표법위반 피해자 고소대리 결과, 피고인에 벌금형 선고 성공

This content is based on actual case studies of Daeryun Law LLC with some adaptations, and the copyright belongs to our firm.
Unauthorized reproduction, duplication, or distribution and other copyright infringements may result in legal action under applicable laws.

Related Information
Background

Daeryun's Key Strengths

Daeryun's exclusive AI · IT
litigation strategies
Over 260
key members
1,200+ cases
handled monthly

* January 2026 Bar Association Transit Permit Issuance Criteria

*Complies with Korean Bar Association Advertising Regulations Article 4 Paragraph 1

Attorney
Legal consultation booking

All consultations are conducted by specialized lawyers after reviewing the case. It is carried out on a reservation basis to ensure a professional process.We encourage you to make an early reservation for consultation, and request adherence to the scheduled time. We will do our best to provide a satisfying consultation.

Phone
consultation 1800-7905

Available 24/7, 365 days
for consultation requests

Phone booking

KakaoTalk
consultation

KakaoTalk channel

Daeryun Law Firm Attorneys

KakaoTalk booking

Online
consultation

We provide tailored
legal services.

Online booking
Quick Menu

KakaoTalk