CONTENTS
- 1. The client charged with trademark violation who came to the Masan attorney
- 2. The trademark violation charges against the client as verified by the Masan attorney
- - Trademark infringement, level of punishment
- 3. The defense of the trademark violation client undertaken by the Masan attorney
- - The circumstances under which the client came to commit the offense
- - The client's support of his family
- - The client's profit
- - The client's reflection
- 4. The Masan attorney successfully prevents the client's imprisonment
- - If you have infringed a trademark right
1. The client charged with trademark violation who came to the Masan attorney
The client who came to the Masan attorney said he was being charged with violating the Trademark Act,
and requested assistance, asking to be rescued from the risk of imprisonment.
2. The trademark violation charges against the client as verified by the Masan attorney
The Masan attorney set out to verify the facts of the client's charges in order to assist with the trademark violation client's case.
The facts charged against the client were as follows.
No one may deliver, sell, counterfeit, imitate, or possess a trademark identical or similar to another person's registered trademark for the purpose of using it, or having it used, on goods identical or similar to its designated goods,
but the client sold several thousand counterfeit items bearing trademarks identical or similar to the registered trademarks of other trademark holders through an online shopping mall that the client operated.
By doing so, the client was charged with infringing the trademark rights of each of the trademark holders and thereby violating the Trademark Act.
Trademark infringement, level of punishment
The Masan attorney examined exactly what unlawful conduct the client had committed under the Trademark Act and what punishment he would face.
Trademark Act Article 230 (Infringement Offense)
A person who has committed an act of infringing a trademark right or exclusive license shall be punished by imprisonment with labor for not more than 7 years or by a fine not exceeding 100 million won.
Under Article 230 of the Trademark Act, the client could be subject to imprisonment with labor for not more than 7 years or a fine not exceeding 100 million won.
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3. The defense of the trademark violation client undertaken by the Masan attorney
The Masan attorney set out to defend the client as follows in order to prevent the client's imprisonment.
The circumstances under which the client came to commit the offense
The client had been defrauded by a business partner. Afterward, having no particular source of income, the client barely covered living expenses and the like with income earned by working odd day-labor jobs from time to time.
As time passed, he found himself in very difficult economic circumstances, and in order to make up for insufficient living expenses he came to purchase bonded goods at the market and sell them with a markup added, thereby committing the offense in this case.
The client's support of his family
The client is, with his income alone, effectively responsible for the livelihood of a five-person household, supporting not only his wife and children but also his elderly parents.
Immediately after this case, the client succeeded in finding employment and is working more diligently than anyone to support his family.
There is no risk whatsoever that the client will repeat a wrong such as the one in this case.
The client's profit
Since the client personally visited the market and purchased the goods entirely with cash payments to sell them, the actual profit the client earned can be regarded as comparatively small.
The client's reflection
Immediately after this case, the client closed the online shopping mall and actively cooperated with the investigation.
In addition, whatever the reasons may have been, he is deeply repenting and reflecting on his wrongdoing and is firmly resolved never to commit an unlawful act again.
4. The Masan attorney successfully prevents the client's imprisonment
Having heard the Masan attorney's arguments, the court issued a suspended sentence to the trademark violation client.
The client had committed a serious crime that infringed another person's rights and had gone so far as to sell several thousand counterfeit items, so imprisonment had seemed unavoidable,
but with the assistance of Daeryun Law Firm, he was able to escape the risk of imprisonment.
If you have infringed a trademark right
Daeryun Law Firm, which has many trademark right attorneys, forms a task force of legal experts to assist with cases according to the client's situation and the scale of the case.
If you entrust your case to us, we will prepare a customized solution through a thoroughly analyzed litigation database and present a path toward resolving the case.
If you are facing the risk of imprisonment due to a violation of the Trademark Act or the like, please do not hesitate to come to Daeryun Law Firm and entrust your case to us.
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.
