Hello, this is patent attorney Yongduck Kim of IPLEX IP Law Firm.
A trademark complaint can interrupt a seller's business and lead to account restrictions. This case explains how IPLEX addressed a client's Coupang sales suspension and examined related risks to support lasting reinstatement.
Start of the case
In October 2024, a sports accessories and clothing seller contacted IPLEX after one of its products was suspended on Coupang following a trademark complaint.
<Notice from Coupang>
Coupang stopped selling customers' products for the following reasons:
Infringement reasons | Hummel's trademark (Registration No. 40-0916163) |
Requirements | Submit an explanatory statement and supporting evidence by October 17, 2024 |
Trademark at issue |  |
Customer Sales Products |  |
The client considered its product unrelated to Hummel's trademark but needed legal analysis and a properly supported response. It therefore engaged IPLEX.
The problem approach of IPLEX IP Law Firm
A typical patent office would simply review the customer’s problems and try to resolve them by writing a statement. However, based on a lot of experience, we knew it would not be possible to resume sales if we responded this way.
Therefore, we went a step further to thoroughly analyze and respond to our customers’ problems in the following ways:
| 1. Review all trademarks of Hummel Corporation | While the customer requested a trademark with Hummel's specific shape trademark (Registration number: 40-0916163), we considered all trademarks registered by Hummel. The trademark owned by Hummel was not only a shape trademark, but also a character trademark and a combination trademark, each of which had the potential to cause a similarity dispute with the customer's product. Some of the registered trademarks included a ‘V-character pattern’, which was thoroughly analyzed for trademark similarity compared to the design elements applied to the customer’s product. |
| 2. Reviewing unfair competition issues | In addition to trademark infringement, we reviewed potential product-shape imitation under Article 2(1) of the Unfair Competition Prevention Act. The analysis explained the differences between the client's product and Hummel's products and addressed possible further grounds for a complaint. |
| 3. Preparing a professional explanatory statement and opinion | We submitted a trademark non-infringement opinion to Coupang. It compared the client's product with Hummel's figurative and word marks in appearance, pronunciation and meaning. We argued that the V-shaped pattern was decorative rather than a source indicator, and explained the independent design and differences from Hummel's products to address possible imitation allegations. |
| 4. Citing Supreme Court decisions | We cited Supreme Court cases 2003Hu2027 and 2011Da18802 concerning circumstances in which decorative use does not amount to trademark use. |
Results - Sales Resume and Customer Satisfaction
After reviewing the explanatory materials for about eight business days, Coupang restored the listing. The response reduced the client's sales losses and addressed related trademark and unfair competition risks.
IPLEX's approach
IPLEX IP Law Firm has the strength to thoroughly analyze the position of its customers in complex and sensitive conflict situations, proactively predict various legal risks, and develop a perfect response strategy. Our office is not just asking for customers, but also identifying the root causes of the problem and reviewing all the possibilities that may arise. This multifaceted approach ensures customer business continuity while minimizing waste of time and money from legal disputes. The IPLEX IP Law Firm is not just about writing opinions or submitting documents. In the event of a problem, we will review all aspects of the case from the initial consultation phase and analyze the unsolicited aspects of the case to prevent unexpected legal risks in advance.
For example, when discussing trademark infringement, we thoroughly analyze trademarks, design elements, and even unfair competition law that you have not mentioned. This is not easy to try in other patent offices, it is our differentiated service. Building trust through successful practices The IPLEX IP Law Firm has successfully solved the issue of suspension of sales and suspension of accounts for numerous customers. Beyond simply solving problems, we focus on helping our customers keep their business running smoothly and uninterrupted. We provide "more than problem-solving value" and support your long-term growth and success.
Customer-oriented, personalized service Every customer has different situations and needs. IPLEX IP Law Firm takes your position first and offers a customized legal response. To this end, all processes from initial consultation to the end of the case are transparently communicated with the customer, ensuring the best possible results. IPLEX IP Law Firm is not just providing legal advice. As a partner in creating customer success together, we are ready to quickly and accurately address all issues related to intellectual property rights. In the future, as a strong supporter of our customers, we will create more success stories.
This article reflects the information available when it was published. Contact us to discuss your circumstances.