FINAL OUTCOME
Infringement confirmed (design right, first instance)
INFRINGEMENT CONFIRMED · Finality unconfirmed
The court held the Pepero Premier box infringed Glico’s Bâton d’or design right and ordered an injunction and destruction. The ruling concerned the box, not the stick.
- Original
- Ezaki Glico Bâton d'or · 2012
- Compared
- Lotte Confectionery Pepero Premier · Valentine’s limited release (exact year unconfirmed)
- Launch gap
- Gap unknown
- Alleged
- Packaging, Colour scheme
- Licence
- No licence found (not a finding of illegality)
- Rights
- Design right
Look at how it actually ended, not at how alike it looks. An allegation is not a finding.
ALLEGATION → RESPONSE → DECISION → OUTCOME
Allegation
Ezaki Glico (2014~2015) — Claimed the Pepero Premier box copied the Bâton d’or design; sought an injunction and destruction [Design right] · 노컷뉴스 (C)
Company response
Lotte Confectionery (2015-08) — The curved box is a common design used by other makers abroad; the Valentine’s limited run was small; appeal undecided. · 노컷뉴스 (C)
Court / agency decision
Seoul Central District Court, Civil Div. 12 · First instance · 2015-08-21 — Claim upheld
Final outcome
INFRINGEMENT CONFIRMED — A court or IP office found infringement or unfair competition
SIMILARITY MATRIX
What was said to be alike, item by item
- Launch
- 2012 → Valentine’s limited release (exact year unconfirmed) · Gap unknown
- Packaging
- Similarity alleged — Curved box design
- Colour scheme
- Similarity alleged — Colour layout of the box faces
- Product shape
- Unknown
- Product name
- Different
- Licence
- No licence found (not a finding of illegality)
- Legal conclusion
- Infringement confirmed (design right, first instance)
No automatic image-similarity score is used; looking alike is not legal infringement. Official images are added once usage rights are confirmed.
TIMELINE
In order
- 2012 LAUNCHGlico launches Bâton d'or · 노컷뉴스 (C)
- — LAUNCHLotte releases Pepero Premier (limited) · 노컷뉴스 (C)
- 2014~2015 LEGALGlico sues for design-right infringement · 노컷뉴스 (C)
- 2015-08-21 OUTCOMESeoul Central District Court finds infringement — injunction and destruction · 노컷뉴스 (C)
- 2015-08 RESPONSELotte: “a common curved box”, appeal undecided · 노컷뉴스 (C)
LEGAL PROCESS
Each decision and its reasons
Seoul Central District Court, Civil Div. 12 · First instance
2015-08-21 · Design right · Claim upheld · 노컷뉴스 (C)
- The overall aesthetic impression is very similar
- The box faces’ colour layout is nearly identical
- Competing products of the same form, so Glico’s business interest is at risk
Ordered: Injunction, Destruction
Reasons are short paraphrases of the cited source only.
UNKNOWN
Left blank for lack of a source
- Appeal and finality
- Damages
- Pepero Premier launch year
No “saved R&D cost” estimate is made without real data.
SOURCES
Checked 2026-10-08. Not legal advice. Know of an error or a later ruling? Tell us.