"Different from Monster's M Logo"... Jambaeki Wins Final Trademark Lawsuit in Supreme Court
J Bio Faces Trademark Dispute with Monster Energy in the US
Loss in Initial Trial Overturned in Appeals and Supreme Court
Supreme Court: "Distinct in Appearance and Concept, No Likelihood of Confusion"
The Supreme Court has reached a final decision that the package design of the domestic energy drink brand "Jambaeki" does not infringe the trademark of the global beverage brand "Monster Energy," as it is not similar to Monster’s logo.
According to the legal community on July 28, the First Division of the Supreme Court, presided over by Justice Kwon Youngjun, recently upheld the judgment of the lower court, which ruled in favor of J Bio Co., Ltd. (CEO Kim Jaeyoon) in a scope confirmation lawsuit against Monster Energy Company of the United States.
In December 2020, J Bio filed a request for a negative scope confirmation trial with the Intellectual Property Trial and Appeal Board, arguing that the blue diagonal design on its "Jambaeki Energy Caffeine Health Booster" product packaging did not fall under the scope of Monster Energy's distinctive logo rights.
In the initial trial, the Intellectual Property Trial and Appeal Board sided with Monster, citing that the two trademarks and products were identical or similar. However, the Patent Court, serving as the appellate court, reached a different conclusion. The court noted that while the Monster Energy logo is perceived as a lowercase "m" in the vertical direction, the Jambaeki product's design is regarded as a diagonal scratch mark, making the two distinct in both appearance and concept. Accordingly, the Patent Court overturned the first-instance decision and ruled in favor of J Bio.
The Supreme Court also concurred with the appellate court’s judgment and dismissed Monster's appeal. The panel explained that whether trademarks are similar is determined by comparing the "essential part" that leaves a strong impression on ordinary consumers. It found that the "M"-shaped figure in Monster Energy's logo and the diagonal design on Jambaeki’s product are significantly different in both appearance and conceptual impression, and therefore, not similar.
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Additionally, the court noted that since neither design evokes a clear pronunciation, it is impossible to compare them by sound, leading to the conclusion that there was no trademark infringement.
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