Copycat packaging enjoined for unfair competition on dilution grounds
The Seoul Central District Court recently granted a preliminary injunction against Daee Food Inc for the sale of a product that copied the appearance of plaintiff Binggrae Co Ltd's well-known banana-flavoured milk beverage. While Daee's product – a banana-flavoured jelly snack – did not infringe any of Binggrae's registered trademarks, Binggrae could claim on a dilution theory under Korea's unfair competition law.
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