'Yeongtak Makgeolli' Cannot Be Used... Supreme Court Also Rules in Favor of Yeongtak

Late Submission of Litigation Documents Leads to Appeal Dismissal
Partial Victory for Yeongtak in 2nd Trial Confirmed
'Yeongtak Makgeolli' Production and Advertising Prohibited

Singer Yeongtak has won the trademark dispute lawsuit against Yecheon Brewery, and the ruling has been finalized. Yecheon Brewery can no longer sell 'Yeongtak Makgeolli.'

Singer Youngtak, who was the model for Yecheon Brewery's Youngtak Makgeolli. [Image source=Yecheon Brewery]

According to Yonhap News Agency, "On the 11th, the Supreme Court confirmed the partial victory of the plaintiff in the second trial in the lawsuit filed by Yeongtak against the Makgeolli manufacturer Yecheon Brewery, seeking to prohibit the use of the product mark," reported on the 12th. Yecheon Brewery is now prohibited from producing, transferring, lending, or importing Makgeolli products labeled with 'Yeongtak,' or displaying it on product packaging or advertisements, and must remove it from products already made. However, there is no need to dispose of products held by third parties.

According to the Criminal Procedure Act, after receiving notification from the Supreme Court that the lawsuit records have been received, a statement of reasons for appeal must be submitted within 20 days. Yecheon Brewery received the notification on March 26 but only submitted the statement on May 16. In such cases, the Supreme Court dismisses the appeal without considering the reasons. Yeongtak's agency, Abyss Company, stated, "Yeongtak has achieved a final victory in the ongoing dispute with Yecheon Brewery and has clearly clarified all suspicions after doing his best to explain all issues that arose after the advertising contract ended."

Previously, on January 23, 2020, Yeongtak gained significant attention by singing the song "A Glass of Makgeolli" during the TV Chosun show 'Mr. Trot' competition. Subsequently, on January 28, Yecheon Brewery applied for and registered the trademark 'Yeongtak.' They also used the "A Glass of Makgeolli" video on YouTube without permission.

When Yeongtak's side raised objections to the unauthorized use, Yecheon Brewery agreed to a one-year model contract with Yeongtak. However, in July of the same year, the Korean Intellectual Property Office notified that the 'Yeongtak' brand could not be registered as a trademark because it is identical to the entertainer's stage name. Consequently, Yecheon Brewery negotiated with Yeongtak's side regarding consent for the trademark application and profit sharing from Makgeolli sales, but negotiations broke down in June of the following year, starting the conflict. Yecheon Brewery continued to use 'Yeongtak' after the contract ended. Therefore, Yeongtak filed a lawsuit in 2021, and both the first and second trials ruled in Yeongtak's favor. Yecheon Brewery appealed the second trial's ruling but failed to submit the statement of reasons on time, resulting in dismissal of the appeal without substantive judgment.

Additionally, Yecheon Brewery's CEO Baek was indicted for spreading false information that "Yeongtak's side demanded a large sum of money, causing the contract to break down" after negotiations failed. He was sentenced to six months in prison with a one-year probation in the first trial last January. Branch manager Ji received the same sentence for threatening Yeongtak's mother. Yecheon Brewery has been experiencing financial difficulties after the dispute and is undergoing rehabilitation procedures.