Yulchon's IP Group is experienced and knowledgeable on all trademark issues relating to the Korean Trademark Act and case law. The IP Group’s services range from providing legal advice (e.g., surveys, evaluations, licensing, transfer, infringement and/or invalidity analysis) to representing clients in civil and criminal litigations for trademark infringement. Further, the IP Group is experienced in invalidation and cancellation procedures at the Korean Intellectual Property Tribunal, as well as asserting or defending unfair trade practices based on trademark violations in investigations before the Korea Trade Commission. The IP Group is also experienced in dealing with domestic and international arbitration and litigation on Internet domain name disputes.
Major Practice Areas
- Korean Courts
- Litigation for trademark infringement, damages, and injunctive relief, as well as criminal investigations.
- Appeals from the decision of the Korean Intellectual Property Tribunal.
- Korean Intellectual Property Tribunal
- Procedures before the Korean Intellectual Property Tribunal including appeals from final rejections, trials
for confirmation of the scope of a trademark, and invalidation trials.
- Korea Trade Commission
- Investigations at the Korea Trade Commission relating to unfair trade practices involving trademarks.
- Fair Trade Commission
- Investigations at the Fair Trade Commission relating to unfair practices involving trademarks.
- Legal Advice
- Assist in survey, evaluation, licensing and transfer of trademarks.
- Assist in survey of prior registered trademarks and analyze likelihood of invalidation and/or cancellation
of the same.
- Advise on customs clearance issues prohibiting distribution of products that infringe upon trademarks.
- Provide legal advice on Internet related issues, including Internet domain name disputes.
- Represented KT in litigation relating to prohibition of use of trade name, trademark, etc.
- Represented Daelim in invalidation litigation relating to a registered service mark of a third party.
- Represented Victoria’s Secret in actions involving trademark invalidation and cancellation of registration.
- Represented LG Household & Health Care and GS Holdings in a dispute relating to a preliminary injunction against trademark infringement.
- Advised on the scope of trade name usage for a joint venture between a local company and a foreign company.
- Advised a Korean conglomerate “L” in a dispute relating to trademark and design infringement involving shampoo containers.
- Advised Company “K” on usage of a service mark.
- Advised Company “L” on the scope of a registered trademark.
- Advised Danone in relation to an opposition to registration of trademark and assisted Danone in reporting details to the Fair Trade Commission.