The client had previously engaged IPLEX to resolve a knee-brace design dispute. Satisfied with that response, the client returned when another Coupang sales suspension arose.
A three-month sales suspension on Coupang
The product had already been suspended for three months. The risk extended beyond the individual listing to the seller's account.
The client was concerned that repeated suspensions could lead to account restrictions affecting the whole business, including sales and existing reviews. Resolving this complaint was therefore important to protect both the product listing and the account.
Case background: a design infringement complaint
The other party made an infringement claim based on the design they had registered, and Coupang immediately stopped the sale. Many sellers simply give up on the fact that they have “registered rights.” Same with this case. The design of the registered design right and the customer sales products were exactly the same.
<Customer Sales Products>
<Customer Sales Products>
But we know that. Having a registration is not always a valid right.
Response Strategy
After the incident, we implemented three strategies.
1) Reviewing the validity of the asserted right
Identical products had been sold on Korean and overseas platforms before the filing date, with only color differences. This raised clear novelty and creativity issues.
2) Supporting the response with law and precedent
We explained the invalidity grounds under Articles 33 and 3 of the Design Protection Act and cited decisions limiting abusive enforcement.
3) Submitting a tailored explanatory statement
We have organized the materials to make it easy for the Coupang representative to understand the point of review, domestic sales records, and comparative images.
We have organized the materials to make it easy for the Coupang representative to understand the point of review, domestic sales records, and comparative images.
The statement combined the legal grounds with a clear presentation of the evidence and the complainant's legal risks. This encouraged the complainant to withdraw the allegation.
Sale resumed in one day.
After three months of suspension, sales resumed within one day of our response. The complainant withdrew the allegation, also reducing the client's risk of further account restrictions.
An unresolved complaint could have increased the risk of account suspension. Resolving it protected the client's wider Coupang business as well as the individual listing.
Lessons from this case.
This case illustrates a lesson that sellers must remember from the Coupang sales stop.
- A registered right is not necessarily valid.
- Quick response to keep sales and accounts.
- The accumulation of suspension of sales leads to suspension of account, so a strategic response of experts is needed from the beginning.
A Coupang sales suspension can threaten a business. In this case, a legal opinion, relevant precedent and a structured explanatory statement helped restore a listing that had been blocked for three months.
In order to protect the rights and business of online sellers, we will provide the best solution based on our differentiated experience and know-how.
This article reflects the information available when it was published. Contact us to discuss your circumstances.