Coupang Case: Lifting a Sales Suspension Based on a Design Complaint

IPLEX IP Law Firm wrote an explanation and a patent attorney's opinion in a case where Coupang suspended sales of a set of 3 cleaning brushes due to design rights infringement, resulting in the lifting of the sales suspension.

In this case, sales of a Coupang product were discontinued after it became the subject of a design rights infringement report. The product sold was a set of three cleaning brushes used to remove dust from vehicle interiors and living spaces, and the registered designs on which the report was based were rights for cosmetic brush-related items.

The seller received an intellectual property infringement notice from Coupang and was required to submit a response with supporting evidence by the specified deadline. IPLEX reviewed the registered design publication, product listing, images, and examples of use, focusing on whether the articles were identical or similar for design infringement purposes.

In order to constitute a design right infringement, a design identical or similar to the registered design must be applied to the same or similar product. Therefore, it is not enough simply to say that some parts of the product's exterior look similar, and it must be reviewed in advance whether the product subject to the registered design and the product being sold are legally the same or similar products.

In this case, the registered design product was identified as a cosmetic brush-related product. On the other hand, Coupang's product was displayed and sold as a cleaning brush set, and was a tool for removing dust and foreign substances from the vehicle interior, air vents, crevices, and surfaces of living spaces. The two were differentiated in terms of purpose, function, intended audience, consumer base, trade area, and fungibility.

First, IPLEX specified the object of the registered design based on the name and description in the registered design gazette. Second, through the sales product detail page and product image, it was established that the product being sold was a cleaning brush set. Third, the dissimilarity of the products was claimed by comparing the purpose, function, target audience, consumer base, and transaction route of the two products.

In the statement of explanation, key issues were condensed and listed so that they could be confirmed immediately during Coupang's review process. The patent attorney's opinion systematically explained the infringement requirements under the Design Protection Act, the standards for determining product similarity, and the specific differences between registered designs and sold products. This allowed platform managers to understand the key issues in determining the scope of rights beyond simple appearance comparison.

It was also emphasized that the product was labeled and sold for cleaning purposes and that consumers perceived it as a cleaning product. The key was to persuasively construct the point that product similarity cannot be acknowledged solely based on the commonality of the higher-level concept of “brush.”

After IPLEX submitted a patent attorney's opinion and an explanation for intellectual property infringement, the Coupang sales suspension issue was resolved. The seller was able to restore the sales flow that had been interrupted due to the design rights infringement report, and the submission of explanatory materials required by platform procedures was completed.

This case illustrates the importance of comparing the article covered by the registered design with the actual nature of the product sold. For products with multiple possible uses, such as brushes, containers, cases, and accessories, the identity or similarity of the articles can be decisive.

IPLEX IP Law Firm reviews intellectual property infringement reports and sales suspension issues that occur in Coupang, smart stores, open markets, and general malls. For trademark, design, patent, and copyright reports, we provide a response tailored to the case, including analysis of registration rights, review of infringement, writing of explanation, writing of patent attorney's opinion, and writing of additional rebuttal.

If you have been notified of Coupang's suspension of sales, it is recommended that you first secure the notification email, rights data to be reported, product detail page, product photos, and sales history data. Afterwards, the differences between the scope of rights and the products sold must be explained in accordance with legal requirements. A delay in initial response may delay the resumption of sales, so it is important to obtain a professional review as quickly as possible.

If you need to respond to a design infringement complaint on Coupang, seek reinstatement of sales, prepare an IP complaint response, or submit a non-infringement opinion, please contact IPLEX IP Law Firm.