Binggrae loses lawsuit over melon popsicle packaging (South Korea)

South Korean food manufacturer Binggrae has filed a lawsuit against Soju, demanding that the company not use a package format similar to that of its Melon Ice Bar Melona for its ice cream products.
On the 12th, the Seoul Central District Court demanded that Binggrae "refrain from using Melona ice cream-style packaging or selling products that use it."
In a lawsuit brought by the Supreme Court against Soju Co., Ltd. seeking the prohibition of unfair competition, the Supreme Court ruled in favor of the plaintiff. Binggrae launched Melona in 1992 and until recently had been selling 18 million units a year.
But when Soju released a similar product called "Melon Bar" in 2014, conflict began between the two companies.
Binggrae's Melona and Melon Bar packaging designs are very similar.
In fact, the packaging for the two products is similar, with a picture of a melon on either side of a lime green background.
Binggrae said, "We have been using this package since 2004.
The lawsuit was filed last year, arguing that the company's products were widely known throughout the country and that the products were used in the manufacture of cosmetics. However, the court did not accept Binggrae's claims.
The court ruled that "the colors that can be used on product packaging are somewhat limited depending on the type of product.
"In particular, for products made from fruit, the color of the fruit itself must be available to anyone, and it is not appropriate for the public interest to allow a specific person to monopolize it,"
"The cases where a product's sales form is identified by its packaging color are extremely rare," he said. "The cases where the use of similar colors is recognized as an act of unfair competition should be extremely limited.
"Considering the recognition of this product (Melona), it is determined that the product name itself dominates other parts of the package and will receive consumer attention preferentially."
The court ruled that: