Journalist
Park Yong-jun
yjunsay@ajunews.com
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Louis Vuitton trademark case goes public at Korea's Supreme Court SEOUL, December 18 (AJP) -South Korea’s Supreme Court will hold a public hearing later this month to decide whether remodeling luxury handbags into entirely new products constitutes trademark infringement, a case expected to set the court’s first clear benchmark on the legal limits of the so-called “reform” or upcycling business. According to the Supreme Court on Thursday, its Second Division, presided over by Justice Kwon Young-joon, will hear public arguments at 2 p.m. on Dec. 26 in Courtroom No. 1 in a lawsuit seeking an injunction for trademark infringement. The case pits French luxury brand Louis Vuitton against a bag remodeling operator, with the central question being whether extensive alteration of branded goods amounts to unauthorized trademark use. The dispute arose after the operator, at the request of customers, dismantled and remade Louis Vuitton handbags into different items — including other bags and wallets — while keeping the original Louis Vuitton logos intact. The operator charged fees for the service. Louis Vuitton argues that the practice is indistinguishable from unauthorized manufacturing and distribution of trademarked goods. It claims that retaining the logo on substantially altered products risks misleading consumers about the product’s origin and quality, thereby infringing trademark rights. The operator counters that consumers who lawfully purchased the bags have the right to alter their own property, including by outsourcing the work to a professional technician, and that such conduct does not constitute trademark infringement. At issue is whether the remodeling qualifies as “trademark use” that serves a source-identifying function, whether the remodeled items should be treated as new “products” under trademark law, and whether their circulation is likely to cause consumer confusion. Both the trial court and the appellate court ruled in favor of Louis Vuitton, finding that the remodeling exceeded permissible repair and amounted to trademark infringement. The operator appealed, sending the case to the Supreme Court. In a key appellate ruling, the Patent Court held that refurbished luxury bags qualify as independent “goods” in the marketplace due to their substantial resale value, particularly in the active secondary luxury market. The court ordered the operator to pay 15 million won ($11,500) in damages to Louis Vuitton and issued an injunction barring further use of the brand’s trademark. “Refurbished products hold significant value on the secondary market, just as the original items do, giving them independent value as products,” the court said. It added that because the Louis Vuitton mark remained visible without any indication that the items had been reworked or recycled, average consumers could be misled into believing the products were original Louis Vuitton items — constituting unauthorized trademark use. The court distinguished minimal repairs, which do not create new products, from substantial changes in size, design or structure. In this case, it found that dismantling handbags and reassembling them into wallets or differently shaped bags resulted in entirely new products, beyond the scope of trademark exhaustion. Between 2017 and 2021, the operator used Louis Vuitton materials provided by clients to create custom bags and wallets in various sizes and designs, charging between 100,000 and 700,000 won per item. Louis Vuitton filed suit in February 2022, seeking a ban and 30 million won in damages, arguing that the practice diluted brand identity and quality guarantees. The case will mark the sixth time the Supreme Court has convened a public hearing in a matter handled by a small panel rather than the full bench, highlighting the court’s growing use of public hearings in cases with broad social and economic implications. * This article, published by Aju Business Daily, was translated by AI and edited by AJP. 2025-12-18 13:01:45 -
OPINION: Massive data breaches expose urgent need for stronger security and accountability SEOUL, December 5 (AJP) - In early 2026, a man received a phone call from an unknown caller who appeared to know every detail about him, including his home address, online habits, and shopping patterns. This incident shows how phishing has evolved from random attacks to highly targeted schemes that exploit detailed personal information. Massive data breaches have affected millions in South Korea, involving major companies such as Coupang and SK Telecom. Similar incidents in the public sector are also on the rise, with more than 100 cases reported last year alone. Despite South Korea's technological prowess, personal data remains highly vulnerable. The maximum compensation for data breaches is usually around 100,000 Korean won per person, regardless of the extent of data leaked, as proving corporate negligence is quite challenging for victims, leading to limited accountability. The maximum compensation for data breaches is usually around 100,000 Korean won per person, regardless of the extent of the data leaked, because victims often struggle to prove corporate negligence, resulting in limited accountability. Although fines and penalties have increased recently, most victims are barely compensated. Companies often treat such breaches as a cost of doing business and face only administrative orders, with fines flowing to state coffers rather than victims. To address this issue, punitive damages must be effectively implemented. Current stringent requirements for proving intent or negligence make it difficult for individuals to succeed in lawsuits, which are particularly unsuitable for cases like large-scale data breaches. Legal systems must evolve to meet the challenges of a rapidly changing era. Coupang's latest data leak exposes serious gaps in security measures and legal compliance, even as companies continue to accumulate vast amounts of sensitive personal information. It is not just about preventing hacking or data leaks, it is about ensuring that companies invest in security measures and provide adequate compensation. Without these changes, data breaches will continue. * This article, published by Aju Business Daily, was translated by AI. 2025-12-05 16:03:04 -
Chief Justice calls for thorough discussion on judicial reform SEOUL, December 3 (AJP) - The Supreme Court's Chief Justice Cho Hee-dae emphasized the need for thorough public discussion on ongoing talks for judicial reform, citing the importance of protecting citizens' rights and maintaining social order. Speaking at a luncheon with President Lee Jae Myung at the presidential office in Yongsan, Seoul, Cho said, "While not everyone may agree with judicial decisions, these verdicts gain legitimacy and trust through the constitutional three-tier court system." This was seen as his cautious stance toward the ruling Democratic Party (DP)’s proposals for judicial reform, including increasing the number of top court justices, as well as establishing a separate bench to review impeached former President Yoon Seok Yeol's cases. Yoon has been on trial for charges of insurrection and abuse of power related to his botched Dec. 3 declaration of martial law last year. Cho's comments on the three-tier system were interpreted as a veiled opposition to the DP's proposals for a retrial system, which many fear could delay cases or be abused to allow those with wealth or power to evade accountability. He expressed hope that the ongoing discussions would serve the public's best interests. Cho also reaffirmed the judiciary's stance that Yoon's declaration of martial law was "unconstitutional" but refrained from commenting further as relevant trials are ongoing. Cho concluded by affirming his belief in the judiciary's independence, stressing that each court would continue to deliberate and deliver rulings independently in accordance with the constitution and the law. * This article, published by Aju Business Daily, was translated by AI and edited by AJP. 2025-12-03 16:42:46 -
Court rejects arrest warrant for PPP's former floor leader SEOUL, December 3 (AJP) - A court denied an arrest warrant for Choo Kyung-ho, the former floor leader of the main opposition People Power Party (PPP) early Wednesday morning. The Seoul Central District Court rejected the warrant sought by prosecutors over his alleged involvement in disgraced former President Yoon Suk Yeol's martial law debacle in December last year, citing considerable legal disputes surrounding the charges. Choo has been accused of interfering with parliamentary efforts to lift the martial law declared by Yoon on Dec. 3 by repeatedly changing locations to prevent lawmakers from voting for it. The court said Choo has been cooperating with the investigation into the debacle and that there is no risk of flight or evidence tampering. * This article, published by Aju Business Daily, was translated by AI and edited by AJP. 2025-12-03 08:43:44
