Conclusion of Geoje 'Hotdog Trademark Dispute' Held Remotely via Video Due to COVID-19

Due to the impact of the novel coronavirus disease (COVID-19), courts nationwide entered a recess period. In March, remote video trials were being conducted as a COVID-19 response measure at the Seoul High Court in Seocho-gu, Seoul. Photo by Joint Press Corps

[Asia Economy Reporter Seongpil Cho] The trademark dispute between two hot dog shops in Geoje, Gyeongnam, conducted via remote video trial due to the spread of the novel coronavirus infection (COVID-19), has concluded with the plaintiff's loss.

According to the legal community on the 3rd, the Civil Division 60 of the Seoul Central District Court (Presiding Judge Woo Ra-ok) dismissed the provisional injunction request filed by hot dog franchise company A against Mr. B, who sold hot dogs near A's Geoje main store, for trademark infringement. Company A claimed that Mr. B used a similar trademark, "Baram-ui Eondeok Hot Dog," to their trademark "Baram-ui Hot Dog," but the court ruled in favor of Mr. B. The court judged that since Mr. B's hot dog shop is located in an area called "Baram-ui Eondeok" in Geoje, which evokes a geographical concept, it is distinguishable from company A's trademark.

Previously, Mr. A had operated under the name "Baram-ui Hot Dog" in Geoje since March 2015, growing into a franchise with six branches only in Geoje. The name "Baram-ui Hot Dog" had even been registered with exclusive usage rights. However, when Mr. B began selling hot dogs under the name "Baram-ui Eondeok Hot Dog" near company A's main store in 2019, company A filed a provisional injunction claiming trademark infringement.

This case was conducted via remote video trial due to the spread of COVID-19. As transportation was more restricted than usual and it became difficult for the parties to appear in court, the court decided to proceed this way with the consent of both sides. This was the first remote video trial attempted at the Seoul Central District Court following the COVID-19 outbreak. Earlier, the Seoul High Court had prepared COVID-19 response measures by converting some civil trial preparation hearings to remote video trials since March.

This content was produced with the assistance of AI translation services.