IPLEX IP Law Firm
One of the biggest threats to online sellers is a sudden ‘design right breach report’. Products that have been sold consistently for years can be turned into a one-day stoppage, and sales and trust can collapse simultaneously.
helped resolve a Coupang jacket sales suspension within one day. This case illustrates the role of prompt legal analysis and a targeted response.
Incident Overview
A seller who has been selling jackets in Coupang for a long time has received a notification that “the sale is suspended due to design right infringement”.
After obtaining Design Registration No. 30-1325451 for a jacket in October 2025, the owner complained to Coupang that jackets already on the market were similar to the registered design.
The seller had sold the same jacket for years, but the initial explanatory response did not resolve the matter. The seller then engaged IPLEX.
IPLEX’s response strategy
IPLEX reviewed the case under the relevant provisions of the Design Protection Act.
The response focused on four points:
- Grounds for invalidity
Prior public disclosure and lack of creativity raised invalidity issues under Article 33 of the Design Protection Act. Enforcement of a clearly invalid right could constitute an abuse of rights. - Freely usable prior-art design
The same design had already been sold by multiple sellers, supporting the argument that it was a freely usable prior-art design. - Limits on the effect of the design right
Article 94(1) of the Design Protection Act limits the right's effect on products already present in Korea before the filing date, subject to its requirements. - Prior-user rights
The seller's sales since 2022 supported a claim to a statutory non-exclusive license based on prior use under Article 100.
In addition to the above laws, IPLEX has systematically submitted evidence such as actual sales history, reviews before the date of registration, and similar product history of Naver Smart Store.
Results: Re-approval of sales in just one day
The Coupang intellectual property rights review team approved the resumption of sales within one day after receiving the patent attorney’s opinion and response form submitted by IPLEX.
The result followed a structured explanation of the legal and evidentiary weaknesses in the complaint.
Drawing on previous Coupang disputes, IPLEX explained the legal risks of maintaining unsupported allegations.
Faster and more rational than invalidation procedures
A design invalidation trial or opposition may take considerable time and cost. The appropriate route depends on the urgency and facts of the case.
IPLEX recommended first responding promptly through Coupang's explanatory statement process.
The completed opinion and supporting response helped lift the sales suspension within one day.
Summary of the patent attorney's arguments
- Invalidity: prior public disclosure of the same design
- Proof that the same design has already been sold.
- Freely usable prior-art design: the product falls outside enforceable protection
- Prior-user rights: evidence of sales dating back three years
This is a case of real success with minimal time and cost. IPLEX IP Law Firm specializes in resolving disputes related to design right, trademark right, and patent rights arising from online platforms such as Coupang, Smart Store, and Amazon. Online sellers will help you quickly eliminate intellectual property rights risks and restore normal business.
This article reflects the information available when it was published. Contact us to discuss your circumstances.