No one shall deliver, sell, forge, imitate, or possess a trademark identical with or similar to another person's registered trademark for the purpose of using or making another person use such trademark for goods identical with or similar to the designated goods, and shall use another person's name, trade name, trademark, container or package of goods, or any other mark identical or similar to the name, trade name, trademark, or goods of another person widely known in the Republic of Korea, or sell, distribute, import, or export goods using

Nevertheless, on September 23, 2011, the Defendant: (a) received clocks from E as designated goods by the victim F as the victim F; and (b) sold to an unspecified number of consumers, such as, around October 23, 2011, a trademark registered with the Korean Intellectual Property Office as of February 23, 2010, on which the victim F used the clocks for the entire design (G) HS053 (G), which was registered as the whole design (G) 053 (G), with the entire design as of August 23, 2010.

Accordingly, the defendant prosecuted only the victim's registered trademark and the design trademark law.

B used the goods identical to the designated goods and, at the same time, used the trademark of the injured party widely recognized in Korea, thereby causing confusion with the goods of the injured party.

2. Determination

A. The Defendant asserted that the instant intrusion was registered as the trademark “I” and denied the charges by asserting that it is difficult to regard the trademark “I” as a trademark widely known in Korea.

B. The Defendant in violation of the Trademark Act was registered as the trademark “I” in this case.