IKEA,
which is the largest furniture distributor in the world with its head office in
Sweden has opened its first store of Korea in Gwangmyeong City in December
2014. IKEA’s fresh service such as cheap prices, many various kinds of
furniture and DIY etc. has been attracting lots of consumers in Korean market
that sold only finished products.
< IKEA's trademark > intomark.com / WIPS trademark database |
Mr.
A, who is a representative of the Korean furniture company, MarketB, registered
the company in 2006 under the brand name 'IKEAB' and run the online shopping
mall with the same name. (ikeab.com/ ikeab.co.kr)
In
response, IKEA sent a warning letter to MarketB twice in 2009 even before IKEA
entered Korea. The warning was that MarketB should not use the domain and pass
it to IKEA. MarketB accepted the warning of IKEA and the domain was transferred
to IKEA in 2010. Meanwhile, MarketB has been accused of imitation using a very
similar phrase as the trademark of the popular series of IKEA.
flickr.com © Michell Zappa |
Inter
IKEA Systems, a holding company and intellectual property right of IKEA in
2015, demanded that IKEAB discontinue the sale of products subject to trademark
infringement. In addition, it was also problematic to sell similar products of
parallel imports from OEMs and ODMs. However, MarketB rejected the request and
announced that they would face the opposition, and the dispute between the two
companies deepened. Eventually, in 2016, IKEA filed a lawsuit against the
MarketB to ban the act of unfair competition. In the lawsuit, IKEA insisted
that it should compensate for damages caused by trademark infringement.
market.kr / IKEAB's website |
MarketB
denied that IKEA's trademarks are not widely recognized in Korea at the time
when MarketB sell their products, and IKEA's products are produced by OEM and
ODM, so they do not have exclusive design rights. It can’t be seen as an act of
unfair competition. Last year, the First Tribunal decided that IKEAB of MarketB
just added the one alphabet to the IKEA trademark, which made it difficult to
give a new meaning and made customers confusing. In addition, the First
Tribunal ruled that other items, other than those sold first by the MarketB,
are subject to the act of unfair competition and MarektB should compensate 12
million won to IKEA.
blog.daum.net/ ikeab <IKEAB's blog which is not running at present> |
IKEA
appealed against the partial winning. MarketB is strongly opposed to IKEA,
saying that their products are similar to IKEA but they are different and
assemb in different way, and IKEA, a giant corporation, seems only to take
advantage of SMEs in Korea. The appeal will be held on the 22nd of this month.
It is noteworthy how the lawsuits of IKEA and Korean small-sized furniture
companies will result.
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