YOON&YANG

In a case involving a company’s use of a famous university’s name as its corporate name, the court held that the university’s name is legally protected whether or not the name is registered as a trade name.

In a lawsuit seeking prohibition of an unfair competitive practice brought by Ewha Haktang Foundation Inc. (plaintiff) against a production agency and recording company, Ewha Media (defendant), the court ruled in favor of the plaintiff, holding that “the defendant may not use the trade name, Ewha.”

The court stated in its decision that “because the name Ewha cannot be considered as a generally used name in the commodities or service industries and Ewha Womans University has a school of music engaged in music education, the defendant’s use of the name may cause confusion among the consumers.”  The court ordered Ewha Media to shut down the company PR website ‘www.ewha.com’ and to destroy all signs, advertising materials, packages, and blogs containing the trade name.

This decision is significant for making it clear that a school name known to everyone, is legally protected whether it is registered as a trade name or not.  Yoon & Yang LLC represented the plaintiff, Ewha Haktang.