Intellectual Property Group Wins a Series of Suits Protecting Victoria’s Secret’s Trademarks in Korea
2011.09.23.
Victoria's Secret Stores Brand Management Inc., a global apparel company, registered its trademarks "Victoria's Secret" and "Victoria's Secret Pink" in Korea, but was at risk of losing them. The trademarks had been invalidated on the grounds that they are similar to trademarks that were registered earlier or the trademarks had not been used in Korea for the past three years. Victoria's Secret eventually became a party to eight suits seeking to set aside the invalidation ruling.
After initially providing advice on the case including analysis of the ruling and assisting the patent firm that had been representing Victoria's Secret during the appeal, Yulchon's Intellectual Property Group became directly involved in the case by being appointed co-counsel.
In cooperation with co-counsel, the IP Group (i) argued that the trademarks should be deemed as used if a Korean customer orders products with the trademarks attached thereto from the Victoria's Secret website and receives the ordered products even though the website is operated in a foreign country; and (ii) submitted evidence of use of the trademarks by trademark and type of use to clarify use of the trademarks.
As a result, the IP Group won 6 out of 8 cases for cancellation of the invalidation ruling and maintained the registration of most of the trademarks necessary for Victoria's Secret's continuance and expansion of business in Korea.
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