Singer Youngtak Wins Trademark Dispute Over 'Youngtak Makgeolli'
Court: "It Can Be Misunderstood That Yecheon Yangjo Received Permission and Payment"
Singer Youngtak, who is in a dispute with manufacturer Yecheon Brewery over 'Youngtak Makgeolli,' won the first trial in a civil lawsuit.
According to the legal community on the 30th, the Seoul Central District Court Civil Division 62 (Presiding Judge Lee Young-kwang) ruled partially in favor of the plaintiff in the lawsuit filed by Youngtak against Yecheon Brewery, seeking prohibition of the use of the product label.
The court ordered that makgeolli products labeled 'Youngtak' must not be produced, transferred, leased, or imported, nor should the label be displayed on the packaging or advertisements of makgeolli products, and that the label must be removed from products already manufactured.
The court stated, "It is reasonable to believe that the defendant's use of 'Youngtak' on makgeolli products or advertisements caused general consumers or traders to confuse and think there is a close relationship between the plaintiff and the defendant," and added, "If this use continues, it could be mistaken that there is a specific business or contractual relationship where the defendant has received permission and paid compensation from the plaintiff."
The court judged that since Yecheon Brewery's sales in 2020, when this makgeolli was launched, increased by approximately 4,245% to about 5 billion KRW compared to the previous year, and the product received several awards including the 'Consumer's Choice Brand of the Year,' 'Youngtak' has considerable distinctiveness and customer attraction in the makgeolli sector. However, the court dismissed the request for disposal of products currently held by third parties.
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Yecheon Brewery signed a one-year contract with Youngtak in 2020 and launched 'Youngtak Makgeolli' in May of that year. However, conflicts arose after negotiations for a contract renewal for the advertising model broke down in June of the following year. Youngtak filed a civil lawsuit in 2021, claiming that Yecheon Brewery continued to use 'Youngtak' despite the contract having ended. Yecheon Brewery filed an appeal on the 25th of this month, dissatisfied with the first trial ruling. Baek Gu-young, chairman of Yecheon Brewery, is currently on trial for allegedly spreading false information in 2021 that 'Youngtak demanded a large sum of money, causing the contract renewal to fail.'
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