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게시물 작성 테이블

Trademark Protection: An ELLE Hotel in Korea?

2025-03-12 hit.53
Launched in France, 1945, now world-renowned fashion magazine ELLE has been published and distributed by the Lagardère Group. Over the years, the group has also registered and used the ELLE brand not only for fashion or accessories including eyewear, bags, jewellery and watches, footwear, cosmetics, furniture, kitchenware, stationery, and toys. The brand has now extended into services such as advertising, finance, telecommunications, entertainment, broadcasting, publishing, and even the restaurant industry. As a result, ELLE has become a widely recognized and well-established global brand.

Recently, a hotel was discovered to be operating under the name of ‘ELLE INN’ in Korea despite there being no affiliation with the original ELLE brand. Concerned that consumers might associate the hotel with ELLE, Lagardère Group took legal action having found that this could damage its brand reputation and recognition. The group pursued both civil litigation (Request for prohibition of unfair competition) and a criminal complaint (Violation of the Unfair Competition Prevention Act) against the hotel operator.

During the litigation, Y.S. Chang & Associates Litigation Group conducted a thorough analysis of domestic and international evidence, focusing on establishing that ‘ELLE’ is a globally well-known brand (a famous and widely recognized mark). We also presented examples of other internationally famous and widely recognized fashion brands are currently operating in the hospitality sector. This reinforced the argument that the opposing party sought to exploit the trust and reputation of the ELLE brand. Y.S. Chang prevailed and secured a successful settlement, under which the hotel agreed to discontinue the use of the ELLE name and rebrand.

This case proves that a famous brand can call for brand protection not only within its original goods classes (e.g., magazines, clothing) but also in different industry sectors (e.g., the hotel business). If a brand is widely recognized and there is a risk of consumers becoming confused, the brand can assert brand protection by not only referring to the Trademark Act but also leveraging the Unfair Competition Prevention Act to build an effective response and uphold their brand reputation.​