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Apr 29, 2009
Alex Hyon, Kim & Chang, Korea

Hermès International's Claims upheld on appeal in Korea


Alex Hyon, Kim & Chang, KoreaIn December 2008, the Seoul High Court upheld the Seoul Central District Court's decision which had held that since the shapes of Hermès International's Kelly and Birkin bags can be recognized as being well-known source identifiers, the defendants' manufacturing and selling of bags, which are confusingly similar to Hermès International's Kelly and Birkin bags constitute unfair competition, and the defendants' use of the "H" mark constitutes trademark infringement. The Seoul High Court also rejected the defendants' arguments that due to the price difference between the bags of Hermès International and the defendants and placement of another indicator on the defendants’ bags, there would be no consumer confusion as to the source of goods. read more