Seoju's 'Melon Bar' Unfair Competition Prohibition Lawsuit
Lost in First Trial...Court States "Difficult to Recognize Distinctive Features"
Binggrae "Considerable Effort in Building Packaging Image"
Binggrae filed a lawsuit against its competitor Seoju, claiming that Seoju copied the packaging design of Binggrae's flagship melon-flavored ice cream 'Merona,' but lost in the first trial and has now appealed the decision.
On the 30th, Binggrae announced that it decided to seek a reconsideration of the court's judgment and submitted an appeal. Binggrae stated, "The comprehensive image formed by the combination of detailed elements of the packaging is well-known, which is Binggrae's achievement," adding, "The packaging itself, not the product name, has distinctiveness, and the comprehensive packaging image combining individual elements functions as a source indicator. Binggrae has invested considerable qualitative and quantitative effort and time in building this image."
Previously, Binggrae filed a claim to prohibit unfair competition, arguing that Seoju's 'Melon Bar' plagiarized the Merona design, but lost in the first trial on the 6th. The court explained, "Anyone can use the natural light green color of melon, and it is difficult to see it as a distinctive feature that would evoke a specific product," and added, "The colors that can be used for product packaging are somewhat limited depending on the type of product, so the principle is that colors should be freely selectable."
The court also stated, "Products made from fruit need to use the natural color of that fruit," and added, "Binggrae's packaging cannot be considered an interest worthy of legal protection."
In response, Binggrae argued, "There have been countless cases where consumers were confused despite the product name being printed on the packaging," and "If the comprehensive image of the packaging is not protected, considering the limited forms of ice cream packaging, there will be almost no packaging that can be protected." Binggrae plans to clarify the company's position through the appeal trial.
Earlier, Binggrae launched Merona, a melon-flavored bar-type ice cream, in 1992, and Seoju introduced a similar Melon Bar in 2014. These products are similar in composition, packaging design, and color, differing only slightly in name. Binggrae claims that Seoju copied the Merona packaging design, which Binggrae has used since 2004.
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