Represented Delivery Korea and Won the Lawsuit to Invalidate a Counterfeit Trademark [Patent Court, 27 April 2021]
2021.04.27.
Yulchon, representing Delivery Hero Korea, succeeded in invalidating the “Yogiyo” trademark used by a third party.
Germany-based online food delivery service provider Delivery Hero has been successfully operating one of the three largest mobile and online food delivery platforms in Korea using its registered trademark, Yogiyo. However, not long after Delivery Hero began such services, a third party registered the “Yogiyo” trademark.
Yulchon filed invalidation proceedings against the third party, which was accepted by the Intellectual Property Trial and Appeal Board. The third party filed for cancellation of the trial decision at the Patent Court, but Yulchon, after reviewing the relevant legal principles and evidence, asserted and proved that the trademark in question may lead to confusion over whether the product is serviced by Delivery Hero Korea. In particular, Yulchon successfully responded to the court’s request for specific cases where a third party’s registered trademark led to confusion over the source of a product, leading to a ruling which invalidated the third party’s trademark.
This ruling is significant in that, as well as giving Delivery Hero Korea a favorable position in civil suits against third parties’ use of the Yogiyo trademark, Delivery Hero Korea is now free to expand its business using the Yogiyo brand name.
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