Seoul Milk Loses First Trial
in Lawsuit Against Namyang Dairy
Seoul Milk Cooperative (Seoul Milk) filed a lawsuit against Namyang Dairy Products, claiming that Namyang sold products with similar trademarks and packaging designs to its own, but lost the case.
According to a report by Yonhap News on June 21, the Civil Agreement Division 61 of the Seoul Central District Court (Presiding Judge Cho Heechan) recently ruled against Seoul Milk in its lawsuit against Namyang Dairy Products, which sought to prohibit unfair competition and other claims.
In March 2023, Seoul Milk filed a lawsuit demanding approximately 440 million won in damages, arguing that Namyang Dairy Products’ “Milk in the Morning” product used a trademark similar to its own “Achime Juice” and that the packaging design was also similar to its own product. Additionally, Seoul Milk requested a ban on the advertising, sale, display, and distribution of products using the “Milk in the Morning” trademark or similar packaging designs; the destruction of all related products, advertisements, and packaging materials; and a prohibition on online labeling and distribution. During the trial, Seoul Milk argued that the name “Milk in the Morning” by Namyang Dairy Products reminded consumers of Seoul Milk’s “Achime Juice,” and that the packaging design?featuring green and white colors and a milk crown shape?was also similar to its own milk container design.
However, the court did not accept Seoul Milk’s claims. The court explained, “In the context of food and beverages, the phrase ‘in the morning’ intuitively means a food or beverage consumed in the morning, so its distinctiveness is weak.” The court further stated, “The mark ‘Achime○○’ cannot be recognized as a result of substantial investment or effort by Seoul Milk that would grant the plaintiff exclusive rights, and there is no evidence to support such recognition.”
Regarding Seoul Milk’s claim that the packaging design was similar, the court stated, “The combination of green and white colors, the red circular logo, the milk crown shape, and the Grade 1 indication are all widely used in the dairy industry and therefore belong to the public domain, which anyone is free to use.” The court added, “It is difficult to consider these as interests worthy of legal protection.” The first-instance court also rejected all other claims made by Seoul Milk.
Namyang Dairy Products has been selling “Milk in the Morning” since its launch in August 2022.
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