hankyoreh

Louis Vui tongdak

The proprietor of a chicken restaurant is facing criminal punishment for violation of the Unfair Competition Prevention Act over a parody establishment name based on the luxury brand Louis Vuitton.

The owner previously received a court ruling ordering him to pay 14.5 million won (US$12,600) to the French fashion brand. The criminal division of the Suwon District Prosecutors’ Office branch in Yeoju, under chief prosecutor Kim Tae-hun, announced on June 22 that the 44-year-old proprietor surnamed Kim had a summary indictment for a fine of 2 million won (US$1,740) for violating the Unfair Competition Prevention Act by naming his chicken restaurant “Louis Vuitongdak.” The name combines the fashion brand’s name in a pun with tongdak, the Korean word for roast chicken.

Prosecutors rejected Kim’s claim that while he had chosen a name that resembles Louis Vuitton, he had not enjoyed any particular sales benefits from the similarity in name because his establishment sold chicken rather than fashion items.

“The Unfair Competition Prevention Act allows for indictment in cases where copyright infringement is recognized, even if the type of business is different,” explained a source with the prosecutors.

“The summary indictment fine approach was taken because of the minor nature of the case,” the source added.

In April, judge Yu Yeong-il of the 208th civil case division of Seoul Central District Court ruled against Kim in a suit he had filed against Louis Vuitton objecting to the compulsory execution request. The court judged Kim to have done damage to the value of the Louis Vuitton brand even after he responded to the French company’s protests by changing the name of his establishment to “cha LOUISVUI TONDAK,” and ordered him to pay 14.5 million won to the company.

On June 17, Kim reached a final agreement with Louis Vuitton to change the name of his establishment to “Coffee Loudak.” But the restaurant‘s furnishings were seized by the court due to Kim’s failure to pay the compulsory execution amount assessed, and the establishment is scheduled to be put up for auction in the near future.

By Heo Jae-hyun, staff reporter

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