Legal Q&A
Q
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I never thought this would happen to me... I make and sell idol dolls. Of course, I obtained a business registration certificate and also registered my trademark. However, I recently saw someone selling dolls that are almost identical to mine... This is trademark infringement, right? If there is an attorney who has handled trademark infringement cases, please help me.
trademark infringement
Answer
Published:
Author : Kuk Il KIM
Hello. I am an intellectual property rights attorney at Daeryun Law LLC.
If you have registered a trademark for the dolls you sell, another person selling similar dolls may constitute trademark infringement.
In the case of trademark infringement, the Trademark Act imposes heavy punishment of imprisonment for up to 7 years or a fine not exceeding 100 million won.
Whether trademark infringement exists is determined based on the similarity of the trademarks (design, name, and form).
If trademark infringement has occurred, it is first necessary to collect the relevant products and conduct a comparative analysis.
Afterward, you may send a certified content-proof letter asserting the trademark infringement and then seek a settlement.
The settlement amount for trademark infringement varies widely depending on the extent of the infringement and the harm, and seeking the assistance of an attorney experienced in this field can help you respond more effectively.
If negotiation proves difficult, you can take legal action through a civil lawsuit, and in some cases you may file a criminal complaint, which can lead to criminal punishment.
If trademark infringement is suspected, it is important to consult with an attorney and take specific legal steps.
Our firm provides one-stop legal services for trademark infringement cases through collaboration among criminal law attorneys, civil law attorneys, and intellectual property rights attorneys.
If you need legal assistance regarding trademark infringement, you are welcome to request a consultation.
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Kuk Il KIM
T. 070-5117-2950
Experience as Chief Prosecutor at the Seoul High Prosecutors' Office · Attorney Specializing in Criminal Law/Drugs/Intellectual Property
Byung Joon KOH
T. 070-5221-2805
Extensive experience handling large-scale corporate and white-collar crime cases · Attorney specializing in corporate/construction/labor/digital forensics law
Key Case Results
MoreClient Sued for a Large Amount of Damages for Trademark Infringement Obtains a Reduction of the Claim
Representation in an Application for a Provisional Injunction Against Trademark Infringement and a Favorable Outcome
The Wonju Attorney Defended a Client Sued for a Provisional Injunction Prohibiting Trademark Use and Interference With Trade Name Use, and the Application Was Dismissed
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