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LG H&H sues Aekyung over 'pumping toothpaste'

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LG Household & Health Care's (LG H&H) Perioe Pumping Toothpaste, left, and Aekyung Industry's 2080 Pumping Toothpaste / Courtesy of LG H&H and Aekyung

By Park Jae-hyuk

LG Household & Health Care (LG H&H) recently sued Aekyung Industry for its use of the word “pumping” for its toothpaste pump dispensers, company officials said Monday.

LG H&H and Aekyung rank first and second, respectively, in Korea's household goods market.

LG H&H claims that Aekyung violated the Unfair Competition Prevention and Trade Secret Protection Act, saying the latter's 2080 Pumping Toothpaste is a copycat of its Perioe Pumping Toothpaste.

The consumer goods unit of LG Group filed the lawsuit with the Seoul Central District Court in October, demanding the court order Aekyung not to use the word “pumping” for its toothpaste pump dispensers.

The plaintiff says the defendant's product may confuse consumers.

LG H&H argues Aekyung's use of the word “pumping” shows its intention of imitating Perioe Pumping Toothpaste, citing that the terms “toothpaste pump dispenser” and “toothpaste pump” are more commonly used than “pumping” to refer to such products in other countries.

Aekyung will likely claim the word “pumping” is a common noun, not a proper noun, to defend itself.

The court has yet to set the date for the first hearing, but it is expected to judge whether the word “pumping” is a proper noun or not.

The two companies declined to comment on this issue, saying the legal dispute is underway.

Since LG H&H released the Perioe Pumping Toothpaste in July 2013, it has come up with six types of toothpaste pump dispensers from three brands ― Perioe, Himalaya Pink Salt and Bamboo Salt.

According to the household goods manufacturing unit of LG Group, it sold more than 15 million units of “pumping toothpastes” as of July 19, with a 351 percent annual sales growth rate.

The company said the convenient products are also popular with consumers in China, Hong Kong and Taiwan.

Amid the growing popularity, Aekyung released the 2080 Pumping Toothpaste in July.

LG H&H registered the trademark rights for “Perioe Pumping” with the Korean Intellectual Property Office, and is waiting for the authorities' decision on the trademark right for “Perioe Pumping Toothpaste.”

According to industry officials, the two companies also came into conflict over toothpastes made with pure salt, although they did not stage a legal battle regarding the issue.

LG H&H claims Aekyung's 2080 Pure Salt Toothpaste is a copycat of its Himalaya Pink Salt Toothpaste.