Appeals Court Overturns Initial Ruling After Binggrae's Loss
Binggrae Vows to Strengthen Protection of the Melona Brand
Binggrae has won a lawsuit against Seoju, which it filed on the grounds that Seoju had copied the packaging design of its own "Melona" product. This result overturns the previous first-instance ruling, which Binggrae lost last year, following an appeal.
According to Binggrae on August 22, the Seoul High Court Civil Division 5-2 (Judges Kim Daehyun, Kang Sunghoon, and Song Hyejeong) ruled in favor of Binggrae on August 21 in a lawsuit filed against Seoju, which sought to prohibit unfair competition and related claims.
In 2023, Binggrae filed the lawsuit, arguing that the packaging of Seoju's "Melon Bar" was excessively similar to Melona, potentially causing consumer confusion. However, in September last year, the first-instance court ruled in favor of Seoju. Binggrae immediately appealed the decision, emphasizing that the Melona packaging had become a distinctive image recognized by consumers over a long period. The company also argued that, according to consumer surveys, confusion was repeatedly observed during actual purchases, even though the product names were clearly indicated.
The court accepted Binggrae's arguments. A Binggrae representative stated, "We believe the court recognized the well-established reputation of the Melona packaging, which is the result of long-term investment and effort," and added, "It appears the court also determined that the Seoju Melon Bar packaging was similar enough to cause consumer confusion."
Melona was first launched in 1992 and has since become known as a "national ice cream." Seoju's Melon Bar entered the market much later, in 2014. Binggrae stated, "We will continue our efforts to protect the Melona brand, which is a leading product in the K-ice cream category."
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