NEWS & CASES

Living box design case (prohibition of infringement of design right and claim for damages)

https://www.etoday.co.kr/news/view/1900982 


The famous e-commerce company, Coupang, sold products that infringed on the registered design right through an internet shopping mall (www.coupang.com), and AIP on behalf of the design right holder filed a claim against Coupang for infringement of design right and damages. Coupang claimed that the registered design and the infringing product were not similar and that they were not at fault since they fulfilled their duty of care as an open market operator. They also claimed that the claim of the design right holder was duplicated because he had already received damages from Company A who sold the product to Coupang. AIP received a court decision to reimburse 100 million won because even if it is an open market operator, it is difficult to reverse the presumption of fault only by measures taken after the defendant products are sold. This is the first case in which an open market operator is also recognized as liable for infringement of design rights.

(Seoul Central District Court, May 22, 2020, 2018Gahab537628)