There is a domestic brand called Playnomore that gained fame with its “eye bag” known as Shygirl. This bag was a playful parody of the French luxury brand Hermès’ Birkin bag, featuring large cartoonish eyes on the design. Its creative and humorous approach sparked a global craze, with international celebrities placing orders.
The brand experienced explosive growth, achieving collaborations with other major brands such as Laneige and Samsonite, and within just three years of its founding, it expected annual sales of 15 billion KRW (approximately 150 million USD).
However, parodies of luxury brands often carry significant legal risks, as they may constitute acts of unfair competition and could be prohibited from use.
In 2015, Hermès filed a lawsuit against Playnomore, claiming unfair competition. In 2020, the Supreme Court of Korea ruled that Playnomore’s eye bag constituted an act of unfair competition by diluting the value and reputation associated with Hermès’ Kelly Bag.
The court recognized that Hermès’ Kelly Bag has a trade dress—a product’s distinctive design functioning as a trademark that indicates its origin. The court found that Playnomore’s parody design could harm Hermès’ business reputation and diminish the perceived exclusivity and value of its product. This could lead potential customers to forgo purchasing Hermès products in favor of Playnomore’s alternatives.
Parody in Copyright vs. Trademark Law
The concept of parody originates from copyright law, which aims to promote cultural development. Parodies that demonstrate creativity and originality are typically allowed under copyright law. However, when the subject of parody is a famous product rather than a creative work, trademark law comes into play, considering both the trade dress and the commercial value associated with the product.
In such cases, parody may not be legally recognized. Instead, it may be deemed an act of unfair competition, subject to legal prohibition.
For example, in 2016, The Face Shop collaborated with the U.S. brand My Other Bag to release cushion foundation products featuring prints of Louis Vuitton bags. My Other Bag is known for eco-friendly tote bags with printed parodies of luxury handbags, which were deemed legal parodies in the United States.
However, in December of the same year, Louis Vuitton sued The Face Shop, claiming unfair competition. The Korean court ruled that The Face Shop had imitated Louis Vuitton’s trade dress, exploiting the prestigious image and customer appeal associated with the brand for profit while diluting its value.
Similarly, a fried chicken restaurant that served chicken in Louis Vuitton-style packaging under the name “Louis Vuiton Dak” (Dak meaning chicken) was also found guilty of unfair competition and prohibited from using the brand name and packaging under the Unfair Competition Prevention Act.
Parody Trademark Risks
Parody trademarks can quickly attract consumer attention and add an element of humor to marketing, making them tempting for marketers to try. However, South Korea does not have clear legal provisions allowing the fair use of trademarks or designs for parody purposes. In many cases, courts have ruled that parody trademarks dilute the reputation and value of well-known brands. As a result, using parody trademarks without permission is risky and requires careful consideration to avoid potential legal issues.