Starbucks loses the trademark lawsuit against the domestic Korean individual

It is reported that the Intellectual Property Tribunal recently agreed with the domestic private operator against a lawsuit that the Starbucks USA filed to invalidate the trademark of the private operator. In November of 2017, Starbucks filed a lawsuit claiming that the trademark registered by the domestic private business entity in the traditional tea product is similar to that of the tea trademark. At that time, the Intellectual Property Tribunal dismissed the two trademarks as not similar, and Starbucks appealed, but eventually lost it again.

TEAVEN and TEAVANA 

Mr. Choi is said to have registered the trademark 'TEAVEN' to export Korean traditional tea. On the other hand, Starbucks tea brand is TEAVANA. Starbucks, who claimed to have copied TEAVANA, said that the questionnaire surveyed about 500 adults across the country, suggesting people could confuse the two brands.

                                                        www.intomark.com (WIPS trademark search system)


The Patent Tribunal and the Patent Court judged that the two trademarks were not similar. 
It would be common to read 'Teaven' and 'Teavana' when pronounced in Korean language, so that the names are different, and the shapes, colors and fonts of the two trademarks are clearly distinguished from each other. In the case of questionnaires, it is said that the questions were able to mislead the respondents regardless of the issue. 

How is the final result?

Mr. Choi said he wanted to give up because of the costs of the lawsuit. From an individual, dealing with the lawsuit against the company must’ve been very difficult both economically and psychologically.

Starbucks said in an interview with the media that they were asking its headquarters to confirm the verdicts and kept silent. Meanwhile, the lawsuit is a Patent Court ruling, and if Starbucks disagrees, the Supreme Court has to take the fight in final. We should wait and see whether the lawsuits of ‘Teaven’ and ‘Teavana’ will be finalized or the beginning of a longer fight.

2018 WIPS User Seminar

2018 WIPS User Seminar was held at Elig Tower Merigold Hall in Yangjae-dong on Dec. 6^th.

It is the annual event of WIPS that invites the users and express appreciation, and also share the recent news of WIPS.

This time we present the development of the WIPS online service with study case, strategic use of IP information, and a lecture on humanities that is emerging as one of the most important skills of modern society. WIPS CEO, Mr. Hyung-chul Lee gave a welcome message expressing gratitude and hoping every attendees enjoy the event.

First presentation was started by Park, Eunyoung, the director of Planning & Marketing Department, presented the direction of the development of the WIPS online service. By announcing the features of the online service reflected in 2018 and the upcoming new features, she showed that the WIPS online service has been constantly evolving as a professional IP tool. 

The 2^nd presentation was from Jung, Mi-Kyung, a IP specialist of the Online Planning team. The topic was about the change of standard of the invalidation review in US and how to respond. She explained that the details of the changes and how to prepare for the increasing patent re-examination in the United States.

The 3^rd presentation was by Mr. Orita Yuji and Mr. Hosoda Yakumi from NGB Corporation in Japan, with the topic, 'Verifying the WIPS Disabling Advisor Using US IPR Data.' They explained in detail how WIPS services are used in the actual US review process through the analyzed data using the invalidation adviser tool

After lunchtime, the 4^th presentation was given by Yongho Park, Head of the Research team of patent information team, on how to strategically use IP information. With the topic of “WIPSPASS: The accumulation and utilization of prior art research results”, he explained how research services are conducted by WIPSPASS (prior art search system) and how to utilize the results. 

Next 5^th presentation was by Mr. Choi, Ji-Min of Design Center, about strategic approach and utilization of design in business environment. With many examples of the designs we often see around, he explained how to use design rights and how to protect them. It was very fun. 

The last presentation was by Professor Shin, Jeong-Geun of Sungkyunkwan University, with the topic, Building a house of Thought by Confucius”. It was very helpful for all of us to think over how we live in a rapidly changing world.

After all the presentation, there was a lucky draw for the audience. 8 people got the winner gift. 

2018 WIPS USER SEMINAR was completed with the final gift. WIPS has been able to grow up so far and be in this position in the market. We will continue to make the best effort. 

Is it a justified export or leakage of technology..?

  Recently, it was reported that Samsung's display-related core technology was leaked to China by a small and medium-sized company "TopTec", a partner of Samsung Display.

As soon as the news came out, there was a lot of stories about the controversy in the daily news, and as the fact that the management was indicted spreads, TopTec shares are plummeting every day.

On the other hand, TopTec officials have explained that this is not a confidential information leakage. 

The technology that became the center of controversy is Samsung Display's “edge” technology. It is a display that is being applied to the latest smartphone of Samsung Electronics. It is a technology made by investing about 150 billion won. According to a Suwon District Prosecutor's Office, it was reported that they leaked some of the equipment specifications and panel drawings of the edge technology to a ghost company established by them and then handed over some of them to China. In addition, the company is also accused of using the data and drawings to produce related facilities and exporting them to Chinese companies. 

About this controversy, TopTec claimed that it was not a secret leak, but just a legitimate export of equipment they have developed. Toptec said that the facilities were developed with their own technology, not related to Samsung Display's, and that related technologies are not legally part of the government's core technologies as well. Also said that they still maintains a partnership with Samsung Display, which is currently under investigation by prosecutors through the announcement of their homepage, and said that the truth will be revealed through future trials. 

There are many opinions that criticize the fact that core technology has been passed over to China. One of the reasons for criticism is that there have been many controversies about leakage of core technology in China or Taiwan recently. But the formal investigation has not been completed yet, and Toptec is refusing it from the front, and it seems that it will take more time to know the truth.