By Park Jae-hyuk
Banana Milk Jelly, which has been embroiled in a lawsuit since last December over alleged trademark infringement of Binggrae’s signature Banana Flavored Milk beverage, will not be manufactured or sold from now on, in line with a court’s recent decision.
According to Binggrae, Wednesday, the Seoul Central District Court decided to prohibit Dai Food from manufacturing the jelly snack, and Korea GTC and Jun International from distributing the product.
“Binggrae Banana Flavored Milk has featured its own unique pot-shaped bottle design since 1974 and the beverage has occupied the largest sales volume among Binggrae’s products,” the judgment reads.
“Banana Milk Jelly’s wrapper and jellies are enough to be seen as imitations of Banana Flavored Milk, which may have damaged Binggrae’s credibility.”
Observers said Binggrae’s additional damage claim suits against the jelly maker are highly expected. Binggrae said it will continue to fight any infringements of the company’s own brand assets.
However, 7-Eleven, an exclusive retailer of Banana Milk Jelly, seems to be late in following the court decision. It stopped distributing the products at issue to its stores but did not retrieve already-distributed ones. The nation’s third-biggest convenience store chain began last December to sell the jelly snack at its stores following a large promotion.
“We halted distributing Banana Milk Jelly kept in our warehouses,” an official of 7-Eleven said. “As our convenience stores are franchisees, we are mulling the most proper measures.”
Most consumers criticized Dai Food and 7-Eleven for confusing them, supporting the court’s decision and Binggrae. Some of them pointed out that Lotte, operator of the convenience store chain here, should take responsibility.
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.
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.