Binggrae has won an appeal in its legal battle against rival Seoju over the packaging of melon-flavored ice cream bars, according to reports Monday.
The appellate court ruled that Seoju can no longer manufacture or sell its “Melon Bar” in packaging that closely resembles Binggrae’s signature “Melona.”
Any packaging already produced must also be discarded.
The case has drawn attention in South Korea’s food industry, where copycat products are common and proving product similarity is notoriously difficult.
Many in the industry had assumed Binggrae’s chances of victory were slim.
In its ruling, the court found that Melona’s packaging has become widely recognized by consumers as a distinctive brand identifier; it said there was “serious suspicion” that Seoju’s design sought to capitalize on Melona’s market dominance.
The decision overturned a lower court’s ruling from September.
Binggrae has sold Melona since 1992, while Seoju relaunched the Melon bar under its predecessor Hyojawon in 2014.
The dispute dates back nearly 20 years. Binggrae first sought an injunction against Hyojawon in 2005 for the Melon Bar but was denied. Another lawsuit filed last year also ended in defeat at the trial level.
The latest decision marks Binggrae’s first legal victory in the case.
The battle is expected to head to the Supreme Court, though legal experts say the chances of reversal are slim. In civil cases last year, the Supreme Court overturned lower rulings in just 3.6 percent of appeals.
ssh@heraldcorp.com
