Eyewear brand Blue Elephant has been found to have copied Gentle Monster's eyeglass pouch design. The two companies are continuing civil and criminal lawsuits over allegations of copying eyewear products.
According to IICOMBINED, which operates Gentle Monster, on the 22nd, Gentle Monster won a trial to invalidate Blue Elephant's design registration. The Intellectual Property Trial and Appeal Board determined that Blue Elephant's registered design is similar to Gentle Monster's existing pouch design and therefore lacks novelty.
Earlier, in 2021, Gentle Monster unveiled an eyeglass pouch featuring a distinctive pleated metal ornament. After that, Blue Elephant released a similar pouch in the first half of 2023 and completed the design registration in June of the same year.
During the trial, the company reportedly emphasized structural similarities by submitting materials such as a teardown of the actual product. It cited as issues the natural pleat structure at the opening, the position and shape of the two metal ornaments at the top, the placement of the stitching lines, and the structure and pattern of the internal reinforcement.
IICOMBINED said, "Beyond a simple controversy over design similarity, they went so far as to seek to secure rights through the partial examination registration system for a design similar to an already disclosed product from another company," adding, "While the full examination system reviews the existence of prior designs, the partial examination registration system allows registration through a relatively simplified process, which they exploited."
Regarding the outcome, the company added, "This is a case that put the brakes on the act of copying another company's design and turning it into rights," and "It is significant in that it reaffirms the principle of proper protection for creation and brand building."
A former Blue Elephant CEO, a person surnamed Choi, has been on trial since February on charges of violating the Unfair Competition Prevention Act. Choi was indicted and detained on charges of selling 51 types, totaling about 321,000 items, of imitation products of Gentle Monster's popular items, including sunglasses, from February 2023 to June last year.
A Blue Elephant official said, "We respect the decision by the Intellectual Property Trial and Appeal Board, but there are many regrettable points," adding, "We will closely review the written decision and internally consider whether to appeal."