In response to a case where a company was sued for trademark infringement and demanded a settlement after products with no sales history were posted through an online auto-registration agency, Hanbyol Law LLC Hwang Min-hye said that the key issue is 'intentionality'. Under trademark law, infringement is an intentional offense, so if it is not proven that a trademark is used with the knowledge that it is another's registered trademark, it is possible to be acquitted.

Hwang warned that a liability waiver agreement with an agency does not automatically exempt a company from criminal liability, but added that the document can be used as indirect evidence to support the lack of willfulness. Ultimately, in the investigation and prosecution phase, the key to a defense is to consistently present specific facts to prove "why you didn't know," such as the structure of the auto-enrollment system, sales history (zero sales), and evidence of immediate deletion after notification of the infringement.