A domestic sports supplement beverage seller has won a patent lawsuit filed against a US company.
According to the legal community, the Supreme Court's Second Division finalized the lower court's ruling on June 5 in favor of the plaintiff, the CEO of J.Bio Co., in a scope of rights confirmation lawsuit filed against Monster Energy Company.
The plaintiff, which manufactures and sells beverages that enhance exercise efficiency, filed a petition for a scope of rights confirmation with the Korean Intellectual Property Trial and Appeal Board in December 2020, claiming that its beverage product packaging did not fall within the scope of rights of Monster Energy Company's registered trademark.
In response, the Intellectual Property Trial and Appeal Board dismissed the claim in August 2022, ruling that the claw mark design depicted on the plaintiff's beverage packaging was similar to that of Monster Energy's products.
Dissatisfied with the board's decision, the plaintiff filed a lawsuit with the Patent Court in September of the same year, requesting the cancellation of the trial decision.
Monster Energy Company argued that the trial board's decision was legitimate, asserting that the graphic motifs and dominant impressions conveyed by the appearances of the two marks were identical as claw marks and posed a risk of confusion.
The Patent Court ruled in favor of the plaintiff.
Comparing the product package designs of the plaintiff and the two companies, the court explained that their appearances, designations, and evoked concepts differed, thus not causing misidentification or confusion regarding the source.
The court noted that while Monster Energy's design features three parallel lines shaped like a "g" configuration, making it recognizable as a lowercase alphabet letter "m" styled in the form of monster claw marks, the plaintiff's beverage packaging features three lines ascending diagonally and is not recognized as an "m".
Regarding the text portion, the court judged that they were not similar, pointing out that Monster Energy used a rugged and rough surface, whereas the plaintiff's product consisted of a relatively simple and clear Gothic typeface.
This judgment was upheld by the Supreme Court.
The Supreme Court stated that while it is natural to perceive Monster Energy's design as roughly the lowercase alphabet letter "m", the plaintiff's beverage packaging is more likely to be perceived simply as scratch marks, creating a difference.
It added that the conclusion of the lower court is justified and acceptable, as the plaintiff's beverage packaging is not similar to Monster Energy's registered trademark and therefore does not fall within the scope of its rights.
(Photo: Capture from respective company websites/Yonhap News)
※
Copying, redistribution, and unauthorized use in AI training are strictly prohibited.