The dispute over the "Madeka" trademark between Dongkook Pharmaceutical and Aekyung Industrial Co. is moving into round two. Dongkook Pharmaceutical has Madeka cosmetics made with the main ingredient of its wound treatment Madecassol. Aekyung Industrial Co. used the word Madekadin in its toothpaste. The two companies have been locked in conflict for years over the "Madeka" trademark, from content-certified mail to lawsuits. What happened between the two companies?
According to the pharmaceutical industry on the 21st, Aekyung Industrial Co. filed an appeal with the court on the 4th after losing the first-instance lawsuit seeking to ban trademark infringement of Madeka against Dongkook Pharmaceutical. The two companies had been engaged in a trademark infringement injunction lawsuit since 2022, and the first-instance court ruled in favor of Dongkook Pharmaceutical.
The conflict between the two companies goes back years. Dongkook Pharmaceutical introduced Madecassol in the 1970s and later released various products, including ointments, powders, and patches. In 2015, it unveiled cosmetics such as Madeka cream that use Madecassol ingredients as raw materials. They have since gained popularity at Asung Daiso Co., Olive Young, and other retailers, becoming one of the flagship profit-makers. Including Madeka, Dongkook Pharmaceutical's healthcare sales—cosmetics and health foods—totaled 232.5 billion won in the first to third quarters of last year.
In 2020, Aekyung Industrial Co. put the word Madekadin on its toothpaste. Dongkook Pharmaceutical is registered as the trademark holder for Madecassol. In August 2022, Dongkook Pharmaceutical sent content-certified mail to Aekyung Industrial Co. alleging trademark infringement. Aekyung Industrial Co. sent content-certified mail asserting that it had not infringed the trademark.
In November of that year, Dongkook Pharmaceutical filed a lawsuit against Aekyung Industrial Co. seeking to ban trademark infringement. In 2024, the court referred the case to mediation, but no settlement was reached and it moved to compulsory mediation. However, both companies objected, and a full trial proceeded.
The first-instance ruling came on the 13th of last month. The Civil Agreement Division 62 of the Seoul Central District Court (Presiding Judge Lee Hyeon-seok) ruled partially in favor of the plaintiff. It ordered Aekyung Industrial Co. to pay 175 million won. Aekyung Industrial Co. objected, sending the case to the appellate court.
The two companies are expected to continue their dispute over the Madeka trademark in the appellate court. In the pharmaceutical industry, some say Dongkook Pharmaceutical has mounted a desperate defense to protect a name related to Madecassol, which has been its flagship product for decades. As Madeka cosmetics derived from Madecassol have also grown in popularity, the company is said to be betting on the trademark.
Dongkook Pharmaceutical argues that the presence of the word Madeka on Aekyung Industrial Co.'s toothpaste could mislead consumers. From a consumer's perspective, it could be confused with a product released in collaboration with Dongkook Pharmaceutical, or it could appear closely related to the company's products. The company contends Aekyung Industrial Co. is riding on the image Madecassol has built in the market over decades.
Aekyung Industrial Co. says it used the related term to indicate that the ingredient madecassoside is included in the toothpaste. It says it is merely a shortened word from the initial part of madecassoside and cannot be monopolized by a single company. It also says sales of the related toothpaste ended in Oct. 2023.
Dongkook Pharmaceutical and Aekyung Industrial Co. are holding back on comments about the appellate case but say they will respond faithfully. A fierce fight is unfolding over a trademark related to Madecassol, which has stood as a long-running medicine for decades. The pharmaceutical industry is watching to see who will win round two.