How does the Melona design look to you?

After a lengthy legal battle, the court has acknowledged the distinctiveness of Melona’s packaging and the possibility of consumer confusion, ruling in favor of Binggrae.

On the 22nd, Binggrae announced that it had won the appeal in its unfair competition lawsuit against Seojoo, which sought to ban further infringement of its packaging design.

A Binggrae representative stated, "The court seems to have determined that Binggrae acquired the distinctiveness of the Melona packaging through years of ongoing investment and effort," and added, "We believe our claim, that Seojoo’s Melon Bar packaging is so similar to Binggrae’s Melona that it could cause consumer confusion, has been accepted."

This case originated in 2023, when Binggrae raised concerns that the packaging of Seojoo’s Melon Bar closely mirrored that of Melona, leading to actual confusion among consumers during purchases.

The first trial, held in September last year, sided with Seojoo, but the appellate court overturned this ruling.

During the proceedings, Binggrae emphasized that Melona’s packaging had cemented a unique image among consumers over decades of advertising and distribution efforts. They also presented consumer research demonstrating that, despite the product names being different, confusion was observed on store shelves.

The significance of this ruling lies in its precedent-setting impact within the industry. Previously, Korean food companies rarely prevailed in disputes based solely on packaging similarity. For instance, a 2014 lawsuit by Samyang Foods, claiming Paldo’s Buldak Bokkeummyun packaging imitated theirs, was dismissed. Similarly, in 2017, CJ CheilJedang’s complaints against Ottogi and Dongwon F&B over their cup rice products were not recognized.

In contrast, this recent appeal acknowledged that Melona’s packaging had achieved brand differentiation and strong recognizability beyond just color or design length. This is expected to influence future judgments in similar disputes.

First launched in 1992, Melona became known as Korea’s "national ice cream," while Seojoo’s Melon Bar entered the market in 2014. Legal wrangling between the two has continued over 19 years, and this appellate victory is seen as further clarifying the scope of legal protection for Melona’s packaging.

However, close attention remains on the delivery of the court’s judgment, a review of the detailed decision, and subsequent legal procedures.

Note “This article was translated from the original Korean version using AI assistance, and subsequently edited by a native-speaking journalist.”

Photo=Binggrae, Seojoo