[Criminal] A case of successfully obtaining a summary fine in a criminal complaint for trademark infringement.

Operating an online trading platform, company A discovered company E, which was conducting business with a logo that was a modified version of A's logo, creating a strikingly similar logo that would make it seem to the general public that it was operated by A. Consequently, A inquired with Law firm Veat (hereinafter Veat) regarding the possibility of legal action against the unauthorized use of trademarks.

Veat’s attorneys thoroughly reviewed company E’s business activities to determine what civil and criminal measures were possible based on trademark law and relevant legal precedents, and provided an opinion letter to A. A repeatedly requested company E to voluntarily cease using A’s logo before taking legal action, but E did not comply, and eventually A filed a criminal complaint against E for trademark law violations.

Veat 1) created a comparison of the trademark registered by A and the modified trademark used by E, visually presenting the similarities to make it easy for investigative agencies to recognize, and 2) added evidence that company E intentionally refused A’s requests despite repeated requests for logo corrections, and submitted the complaint. And Veat’s attorneys attended A’s complaint statement along with A’s employees to clearly assert A’s position from the perspective of legal professionals.

As a result, Veat obtained a summary order result in the case where E was criminally charged with violating trademark law for unauthorized use of A’s trademark.

According to the current Trademark Act Article 230, a person who infringes a trademark right is subject to imprisonment for up to seven years or a fine of up to 100 million won, but it is difficult to recognize the similarity of logos and prove the infringement of trademark rights, and most cases result in suspended sentence verdicts. However, this case is meaningful in that Law firm Veat obtained a summary order result instead of a suspended sentence, recognizing the similarity of the trademark and protecting the interests of A.

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