No one shall deliver, sell, forge, imitate, or possess a trademark identical with another person's registered trademark for the purpose of using or making another person use such trademark on goods identical with or similar to the designated goods.

Nevertheless, on January 1, 2017, the Defendant, at the above company, sold the same or similar trademark registered with the Korean Intellectual Property Office No. 0012035 on March 14, 2005 to E for use in the goods identical with or similar to the designated goods, thereby infringing the trademark rights of the Victim Association.

2. Determination

A. The crime of infringement of trademark rights under Article 230 of the Trademark Act is an intentional crime, and even if a trademark identical or similar to another person’s registered trademark is used for goods identical or similar to the designated goods, if it is not known that another person’s registered trademark is a trademark, this crime is not established.

B. Based on the evidence duly adopted and examined by this court, the following facts revealed: (a) the Defendant: (b) supplied the nurse insignia to F’s E; (c) the recognition of the parties with respect to the image of the nurse emblem; and (d) the grounds therefor; and (c) the outcome of the case in violation of the Trademark Act regarding F, the Defendant recognized that the image was another person’s registered trademark at the time of the delivery of the nurse emblem to E; or (d) had intent to infringe trademark rights.

It is difficult to readily conclude, and there is no other evidence to acknowledge it.

1) On January 5, 2017, G hospital: (a) requested F to produce a nurse uniform of 100 won per punishment, which attached a nurse insignia, to F, operating a shopping mall specializing in uniforms, with the trade name “E”.

H At the time, the above nurse insignia is on the nurse uniform.