By Park Jae-hyuk
Binggrae has recently filed a lawsuit against Incheon-based jelly and candy manufacturer Dai Food for an alleged trademark infringement of its signature Banana Flavored Milk beverage.
On Tuesday, Binggrae said it filed claims with a court last December asking for the of halt Dai Food from manufacturing Banana Milk Jelly, and for Korea GTC and Jun International to stop distributing the product.
Binggrae said it also requested 7-Eleven, an exclusive retailer of Banana Milk Jelly, to stop selling the product at its nationwide convenience stores.
Last December, the nation’s third biggest convenience store chain began to sell the jelly snack at its stores following a large promotion.
According to Binggrae, the product’s wrapper and jellies could remind people of the unique pot-shaped bottle used for Banana Flavored Milk and the font on the wrapper is also similar.
“We think the jelly maker imitated Banana Flavored Milk to take advantage of the product’s popularity,” an official of Binggrae said. ”We will await the court’s decision on the lawsuit.”
Since 1974, 800,000 bottles of Banana Flavored Milk have been sold each day nationwide. The product has been one of the most popular beverages at convenience stores for decades.
Dai Food, on the other hand, reportedly claimed that a patent attorney confirmed that Banana Milk Jelly has no legal problems, before the jelly maker began to supply the product to 7-Eleven.
Also, 7-Eleven said it is not considering halting sales of the product, because the court has yet to make a decision.
The convenience store chain also argued that the company has no responsibility in the case, but some consumers criticized 7-Eleven for confusing them.
They pointed out that Lotte should take responsibility because it operates the convenience store chain here.
In 2005, Binggrae also filed a lawsuit against banana flavored milk produced by the currently bankrupted Haitai Dairies for imitating the pot-shaped bottle and won.