Coupang Case: Responding to a Product-Image Copyright Complaint

The client received a report of product image copyright infringement while selling winter fashion accessories at Coupang. The image in question was a photo of the product worn in a promotional banner, and after reporting, the product was suspended from sale.

A suspension of platform sales will not only immediately result in a loss of sales, but if repeated reports occur, it may also have an unfavorable history in account management. The client determined that a professional explanation and legal review were needed to resume sales and requested a response from IPLEX IP Law Firm.

The issue in this case was not simply whether the images were identical. The key issues were whether the reporter was the true copyright holder of the photo, whether the seller used the photo based on the reporter's work, and whether the suspension of sales on the platform could be maintained with just a copyright registration certificate.

IPLEX identified evidence that the image had previously circulated through overseas sources and reviewed whether the complainant owned the copyright or had validly acquired it. We also examined whether the seller's acquisition of the image supported an allegation of copying from the complainant's Korean posts.

Copyright arises when a work is created. Registration is not a prerequisite for copyright, although it can create statutory presumptions about certain facts. Evidence of authorship or a valid chain of title remains relevant when those presumptions are disputed.

In the case of photographic works, the original file, metadata including shooting date and device information, sequential shots, model and photographer contracts, shooting fee payment data, copyright transfer agreement, etc. can be key materials for confirming rights ownership. If there is no such data and the same image has already been made public on the supply page, it is difficult to confirm infringement based on the registration certificate alone.

Additionally, in order for copyright infringement to be established, there must be a relationship that the seller used the image based on the complainant's work. If the same image originates from a common source material, it is difficult to conclude that it is a copy of a specific reporter's work.

IPLEX IP Law Firm prepared a response to the infringement complaint and a separate patent attorney's opinion for submission to Coupang. The opinion addressed image similarity, ownership, the limits of registration-based presumptions, prior disclosures, the seller's acquisition route, lack of evidence of copying, and the requested platform action.

In the explanation, the main conclusions and supporting materials were condensed and organized so that Coupang managers could quickly check the key points. Rather than simply claiming that it was not an infringement, we explained each requirement why it is difficult to accept the reporter's claim of rights as is.

In addition, while aiming to lift the sales suspension, we have adjusted the wording of documents and arrangement of evidence to avoid unnecessary escalation of disputes and to ensure a persuasive resolution within the platform procedures.

After submitting the patent attorney's opinion and explanation, the issue of suspension of sales of the product was resolved. This case shows that not only the format of the registration certificate, but also the actual ownership of rights, image source, evidence of copying, and structuring of supporting materials are important in responding to Coupang intellectual property infringement reports.

In particular, quick response is important when reporting product image copyright. Failure to submit materials within the platform deadline or hastily using expressions to the effect of acknowledging infringement may delay the resumption of sales or may be disadvantageous in future disputes.

IPLEX IP Law Firm supports reports of intellectual property infringement and response to sales suspensions that occur in Coupang, Smart Store, and open markets. The scope of work includes writing a response to a copyright infringement complaint, writing a patent attorney's opinion, reviewing trademark, design, and patent rights infringement, analyzing the scope of rights, researching prior materials, and writing platform submission documents.

If it is necessary to lift Coupang's sales suspension, respond to a product image copyright report, write a response to an intellectual property infringement complaint, or write a patent attorney's opinion, it is recommended to secure and review the report notice, product page data, rights data submitted by the reporter, image acquisition path, and transaction data.

The results of each case may vary depending on the submitted materials, reasons for reporting, platform review standards, and whether the other party submits additional materials. However, if you organize rights requirements and evidence accurately from the beginning, you can reduce unnecessary sales suspension periods and lower account risks.

IPLEX IP Law Firm handles intellectual property disputes, including patents, trademarks, designs, and copyrights, and responds to platform sales suspensions. When a rights infringement report is received, we plan a response by comprehensively reviewing the reported content, rights data, product sales structure, images, or product source data.

Since the results of each case may vary depending on the submitted data and the platform review process, it is important to preserve the data and conduct a professional review immediately after receiving the notice of suspension of sales.