"Thought It Was a Tokyo Banana Sister Product"… Department Store-Touring 'Tokyo Berry' Embroiled in Consecutive Package Plagiarism Controversies

Combination of fruit names, central illustrations, and ribbon decorations are dead ringers for the 'Tokyo Banana' package
Consumers say, "Purchased by mistaking it for the same company's brand"… Image damage inevitable amid pointing out similarities
Difficult to conclude legal design infringement, but faces moral criticism… Company remains 'silent'

'Tokyo Berry', a domestic fresh fruit mochi (glutinous rice cake) brand expanding its sales network through pop-up stores in major department stores, has been embroiled in controversy over allegedly imitating the package design of Japan's famous specialty product, 'Tokyo Banana'. Due to visual similarities, consumers are popping up confusing the brand's origin, yet the company itself is consistently maintaining silence.

According to the distribution industry and social media (SNS) recently, Tokyo Berry has been building recognition by operating pop-up stores sequentially starting from Shinsegae Department Store Daegu branch, Lotte Department Store Gwanak branch, Yeongdeungpo branch, and Jamsil branch. Additional events are scheduled at the Dongtan branch until the 30th of this month, and the Busan main branch until the 2nd of next month.

What they are pushing as their main products are Japanese-style mochi containing fresh fruits such as strawberries and peaches, and flashy individually wrapped packages. However, as sales locations expand, criticisms online are intensifying that the brand's name and box design cleverly borrowed from Japan's Grape Stone Co.'s 'Tokyo Banana', launched in 1991.

Core similarities pointed out by netizens are the naming and package layout. The coined naming method attaching a fruit name after the regional name 'Tokyo', the English brand name at the top, the large fruit illustration placed in the center, and the unique ribbon decoration and vertical text layout wrapping around the trademark are said to have copied Tokyo Banana's unique brand identity as is.

In fact, reviews from consumers are pouring in on SNS expressing displeasure after belatedly realizing it is a separate brand, saying, "I bought it thinking it was an official related brand made by the same company as Tokyo Banana."

Given that elements like ribbon decorations and fruit illustrations are commonly used in the dessert industry, it is difficult to immediately hold them legally responsible for trademark or design right infringement based solely on a similar impression given in appearance. However, as it gets tagged with a shallow copycat strategy lacking originality, a severe blow to the brand image has become unavoidable.