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| (사진=Volvik) |
[Alpha Biz=(Chicago) Reporter Kim Jisun] Volvik won the first trial of a golf ball trademark infringement lawsuit between South Korean golf ball manufacturer Volvik and U.S. golf brand Callaway.
According to legal circles on the 13th, the 62nd Civil Affairs Department of the Seoul Central District Court ruled partially in favor of Volvik's lawsuit against Callaway Golf on the 10th.
The court ordered Callaway to pay 20 million won in damages and not to display the "Magna" trademark on the golf ball. It also ordered the abolition of existing inventory products.
The incident began when Callaway registered a trademark similar to Volvik in Korea. Volvik has been selling the golf ball MagMA (magma) since 2012. Callaway registered the 'Magna' trademark in Korea in 2018. Volvik filed a lawsuit with the Intellectual Property Trial and Appeal Board for invalidation of Callaway's trademark registration.
At the time, the patent court ruled that Callaway should cancel Callaway's "Magna" trademark, saying, "Kalaway infringed on the Volvik trademark."
However, the court ruled in favor of Volvik with the Patent Court. In determining the similarity of a trademark, the name of a trademark in a foreign language is determined by the pronunciation that most Korean consumers do it naturally without difficulty, the court said. "If you can think of two or more titles or concepts in one trademark, the similarity can be recognized even if one of them is similar."
The court also ordered Callaway's 'Magna' golf ball to be scrapped. Callaway countered that there was no fear of trademark infringement by suspending the sale of golf balls of the trademark. The court saw that it is necessary to order the disposal of golf balls, given that golf balls of the brand are still being sold on online shopping malls. It also admitted responsibility for compensation of 20 million won out of the 100 million won claimed by Volvik.
Alphabiz Reporter Kim Jisun(stockmk2020@alphabiz.co.kr)
