South Korean brand Gentle Monster takes legal action over alleged copycat sunglasses

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Gentle Monster claims Blue Elephant replicated at least 30 of its products and sold them at roughly one-fifth of the price.

South Korean eyewear brand Gentle Monster claims Blue Elephant replicated at least 30 of its products and sold them at about one-fifth of the price.

PHOTO: GENTLE MONSTER/FACEBOOK

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SEOUL – Gentle Monster, a South Korean eyewear brand, has launched civil and criminal proceedings against domestic competitor Blue Elephant, alleging widespread and deliberate imitation of its products and branding.

The dispute centres on sunglasses designs that appear strikingly similar in lens shape, bridge details and frame thickness.

Gentle Monster claims Blue Elephant replicated at least 30 of its products and sold them at roughly one-fifth of the price.

According to the Ministry of Intellectual Property, it has begun an investigation under the direction of prosecutors.

Under the Unfair Competition Prevention Act, unauthorised copying within three years of a product’s release is subject to punishment. Investigators believe some Gentle Monster designs were copied less than a year after launch.

The authorities have booked Blue Elephant chief executive Choi Jin-woo as a suspect.

A court has also ordered the freezing of about 7.8 billion won (S$6.9 million) worth of corporate-owned real estate in areas including Seongsu-dong and Hannam-dong, ruling that profits from the alleged copies could constitute criminal proceeds.

Blue Elephant has denied the allegations, describing the matter as a “typical intellectual property dispute”.

Gentle Monster’s parent company, Iicombined, said it filed the complaints after unverified claims circulated online suggesting the two brands were produced at the same factory or were affiliated.

The company strongly denied any business or manufacturing ties, calling such claims false and misleading.

The company said concerns go beyond rumours. A 3D-scanning analysis conducted by an external specialist found significant similarities across 33 products.

One Gentle Monster model released in August 2021 showed a 99.9441 per cent similarity to a Blue Elephant product launched in March 2023.

Thirteen models exceeded 99 per cent similarity, while 28 surpassed 95 per cent.

Iicombined also pointed to similarities in store design and accessories.

It cited strong resemblances between Gentle Monster’s Shanghai flagship, which opened in 2021, and Blue Elephant’s Myeong-dong store, which opened in 2024.

The company added that a pouch design released by Gentle Monster in 2021 was later filed and registered in the name of Blue Elephant’s CEO in 2023. A design invalidation trial is currently pending.

Gentle Monster said it is pursuing legal action to protect its brand identity and prevent consumer confusion.

Industry observers say the case could become a landmark test for how far design and spatial concepts are protected as intellectual property in fashion retail. THE KOREA HERALD/ASIA NEWS NETWORK

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