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Category Archives: Insights

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Is a Trademark in Search Results Use of the Mark? Sarang IP Insights column thumbnail

Is a Trademark in Search Results “Use” of the Mark? A U.S. Ruling and Where Korean Courts Draw the Line Online

InsightsBy sarangip09/29/2026

Can a brand owner sue a search engine because its trademark shows up in search results? On September 22, 2026, the U.S. Court of Appeals for the Ninth Circuit said no, affirming the dismissal of a trademark suit against Google. The reasoning behind that decision maps closely onto how Korean courts have drawn the line…

[Expert Column] How to Search Korean Trademarks & Patents: A KIPRIS Guide

InsightsBy sarangip09/07/2026

If you advise clients entering the Korean market, one question comes up before almost any filing: what is already on the register in Korea? The good news is that you do not need a local subscription database to find out. Korea’s official search platform, KIPRIS, is free, comprehensive, and available in English, yet many foreign…

[Expert Column] Parody or Infringement? What Korean Law Actually Asks

InsightsBy sarangip08/27/2026

Patagonia sued the drag performer and environmental activist Pattie Gonia in January 2026, seeking one dollar in damages. The nominal figure was the point: the company said it was protecting a mark, not pursuing money. What actually triggered the suit was not the persona, which had existed since 2018: it was a 2025 trademark application…

[Expert Column] In Korea, Anyone Can Oppose a Trademark, and the Clock Is Two Months

InsightsBy sarangip08/27/2026

In April 2026 the US Supreme Court declined to hear Curtin v. United Trademark Holdings, ending a six-year effort by a law professor and doll collector to stop the registration of RAPUNZEL for dolls and toy figures. She argued the name was generic and failed to function as a mark. No tribunal ever ruled on…

[Expert Column] What Korea Now Expects When You File an AI-Assisted Design

InsightsBy sarangip08/27/2026

Almost every design team now has generative tools somewhere in its workflow: for moodboards, for variant exploration, for the first fifty shapes nobody will use. Until recently, no patent office had said what that means for a design application. Korea has now said it. On 9 July 2026 the Ministry of Intellectual Property (MOIP), the…

[Expert Column] Marking a Product “Patented” in Korea Can Be a Criminal Offence

InsightsBy sarangip08/27/2026

When a foreign company begins selling in Korea, packaging and product pages are usually localised for language, units and safety labelling. The intellectual property notices are almost never touched. The patent number that has sat on the box since the product launched at home stays exactly where it is. In Korea, that carried-over line is…

[Expert Column] Did You Update Your Logo? Your Trademark Might Be at Risk of Cancellation

InsightsBy sarangip11/27/2025

Did you update your logo? Your trademark could be cancelled in Korea. Learn the “Identity Test” for non-use cancellation trials and how to protect your brand.

[Expert Column] The “First Button” of Patent Litigation: Why Vague Definitions Lead to Instant Defeat in Korea

InsightsBy sarangip11/26/2025

Why are patent trials dismissed in Korea before they even begin? Learn the critical importance of defining the “Target Invention” in Scope Confirmation Trials.

[Expert Column] When is an Invention “Completed”? A Critical Issue in Employee Invention Disputes

InsightsBy sarangip11/26/2025

When is an invention considered “completed” in Korea? Learn the legal criteria for employee invention disputes and the “technical feature” test from a recent court ruling.

[Expert Column] What Constitutes “Trademark Use” in Korea? (It’s Not Just Slapping a Logo on It)

InsightsBy sarangip11/26/2025

Is printing a logo always trademark infringement? Not in Korea. Learn the legal definition of “Trademark Use” through the Bomb Rice and VSP court cases.

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