As online sales became more common, open market platforms such as Coupang, Naver, and Smartstore became the main business arena for retailers. At the same time, however, the suspension of sales due to reports of intellectual property rights violations poses a deadly threat to sellers.
In particular, a report of a design right infringement can easily be filed with the appearance similarity, so if the response is poor, it can lead to suspension of product sales, as well as long-term suspension of account and legal disputes.
This case shows how IPLEX responded to a Coupang design complaint, helped the client resume sales and addressed related legal risks.
Case background: Coupang's sales suspension
In early 2025, a client who visited our office was selling men's clothing in Coupang.
However, with the receipt of the “Design Right Infringement” notification, the sale was suspended.
Coupang's notice identified the following:
- Design Registration Nos. 30-1309906 (rainwear top) and 30-1309907 (rainwear bottoms)
- Action: Sales suspended; explanatory evidence requested
The complaint alleged that the client's rainwear was similar to the registered designs.
The problem, on the surface, was that the customer's product and registered design looked quite similar. It was simply a call not to be “similar” that lacked convincing, and was more likely not to be accepted in Coupang.
IPLEX’s response strategy
IPLEX IP Law Firm found it difficult to resume sales with a simple response. Therefore, we have developed a multi-layered strategy that covers all legal, judicial, and evidence data.
(1) Reviewing grounds for invalidity
First of all, we have thoroughly investigated whether a registered design is a valid right. As a result, the design was able to demonstrate that the same product had already been sold on Chinese e-commerce platforms (Taobao, Alibaba, etc.) prior to the filing date.
- The presence of multiple reviews and purchases prior to the filing date (2025.3.4)
- Matching product appearance, logo placement and markings
This means that the registered design has lost novelty under Article 33 (1) of the Design Protection Act.
The evidence also suggested that an existing Chinese product had been registered by someone other than its creator or lawful successor, raising entitlement issues under Article 3(1) of the Design Protection Act.
(2) Developing an abuse-of-rights defense
Seoul High Court case 2015Na2060007 supports the principle that seeking an injunction based on a design registration clearly subject to invalidation may constitute an abuse of rights.
On the basis of this case, we have argued that the other party's exercise of rights is subject to abuse. In other words, it is clear that the customer is not an infringer, but that the other person’s rights are not legally protected.
(3) The freely usable prior-art design defense
Even if the similarity between the registered design and the customer product is recognized, the already known design is a free-to-use design that anyone can freely use.
Supreme Court case 2016Hu878 addresses the exclusion of freely usable designs that an ordinary designer could easily create from the prior art.
Therefore, the customer's products are already known and do not fall within the scope of the registered design.
Result: sales resumed and dispute risks addressed
Coupang accepted the patent attorney's opinion and supporting evidence and restored the client's listings. The response also addressed issues relevant to similar future complaints.
Not only did the customer minimize the loss of sales interruptions in a short period of time, but they were also able to block the possibility of long-term disputes.
IPLEX IP Law Firm
IPLEX is not just a legal representative. We are a strategic partner to protect our customers’ entire business.
- Addressing the underlying issueWe assess the basis of the allegation and the asserted right, helping resolve the immediate suspension and reduce the risk of similar disputes.
- Rich working experienceWe draw on experience with IP disputes on platforms including Coupang and Naver Smart Store, taking account of each platform's policies and procedures.
- Custom StrategyWe don’t treat all cases the same. Detailed analysis of the customer situation and the nature of the case to establish an optimal strategy and prevent unexpected legal risks.
In other words, we are not just a firefighter, we are a strong partner in ensuring that your business grows safely over the long term.
If you are a seller working on online platforms such as Coupang, Naver, or Smart Store, you can always face the issue of stop selling due to trademark, design right, patent infringement report.
An effective response may require analysis of validity, abuse of rights and freely usable prior-art designs, supported by evidence. This helps address both the suspension and the underlying dispute.
IPLEX IP Law Firm has rich experience and expertise to solve your intellectual property rights disputes in the most efficient and secure way.
If you face a sales suspension or IP complaint, contact IPLEX to discuss a response strategy.
This article reflects the information available when it was published. Contact us to discuss your circumstances.