The Seoul Milk Cooperative lost a lawsuit against NAMYANG DAIRY PRODUCTS, arguing that the company's products, trademark, and packaging design were similar to its own.
According to the legal community on the 21st, the Seoul Central District Court's Civil Division 61, presided over by Director General Cho Hee-chan, recently ruled in favor of the defendant in the unfair competition prohibition lawsuit filed by Seoul Milk against NAMYANG DAIRY PRODUCTS.
21일 법조계에 따르면 서울중앙지법 민사합의61부(재판장 조희찬 부장판사)는 최근 서울우유가 남양유업을 상대로 낸 부정경쟁행위 금지 등 청구 소송에서 원고 패소 판결했다.
Earlier, Seoul Milk filed a lawsuit worth approximately 440 million won in March 2023, claiming that NAMYANG DAIRY PRODUCTS' 'milk in the morning' product used a trademark similar to its own 'juice in the morning' and that the packaging design of the container was also similar to its products.
Seoul Milk argued that the name 'milk in the morning' evokes its 'juice in the morning' and that the design of the packaging, which includes green and white colors and a milk crown shape, is similar to its own milk packaging design.
However, the court did not accept Seoul Milk's claims. The court stated, 'In relation to food and beverages, the phrase 'in the morning' immediately suggests a beverage consumed in the morning and lacks distinctiveness,' adding, 'The trademark 'in the morning○○' does not warrant exclusive benefits for the plaintiff as it lacks recognition as an achievement created through sufficient investment or effort from the plaintiff.'
Regarding the packaging design, it stated, 'The color combination of green and white, the red circular logo, the milk crown shape, and the first-grade mark are widely used in the dairy industry and belong to the public domain, which anyone is free to utilize,' indicating that 'it is difficult to assess that it corresponds to a legally protectable interest.' The first trial also dismissed all of Seoul Milk's other claims.