Plaintiff prevails in Copyright Infringement Lawsuit against Manufacturer regarding Imitation Dolls of “Jibang-ii”, an Obesity Clinic Character2019-01-23
365mc, an obesity clinic, filed suit for copyright infringement against Dodam Korea, a manufacturer and distributor of the imitation dolls of Jibang-ii, a famous mascot representing the clinic. Finding such infringement, the Seoul Central District Court (presiding judge Sang-Gu Park) on January 11 granted judgment in favor of 365mc and awarded KRW 30 million in damages and a permanent injunction on the manufacture and sale of the imitation dolls.
Jibang-ii is a character with a round and cute appearance that garnered huge popularity after being featured in various advertisements continuously throughout Korea (advertisement costs totaling about KRW 29 Billion). Jibang-ii’s popularity was so extensive that the Jibang-ii dolls gifted by 365mc to their clients were traded and resold in the second-hand markets at a lucrative value. As Jibang-ii’s popularity grew, however, there was also a sharp increase in the demand for imitation dolls of Jibang-ii, and Dodam Korea started making imitations of the Jibang-ii dolls since the end of 2015. These imitation dolls were distributed at a low price under the same name Jibang-ii or other similar names. In response, 365mc filed a suit in early 2018, claiming that Dodam Korea's manufacture and sale of the imitation dolls constituted copyright infringement and unfair competition.
Lee & Ko’s IP Practice Group, led by Attorney Young-mo Kwon, Choong Jin Oh, Vera Eunwoo Lee and Joo Hyun Choi, represented 365mc and was able to obtain a successful result for the client, which is a clear victory for the medical industry preparing for the 4th industrial revolution by creating and utilizing their own brand.