Legal Q&A

Tired of non-expert, ad-driven answers to your legal questions?
Daeryun's specialist attorneys are here to answer.

I would like to know whether or not this is a violation of the Monopoly Regulation and Fair Trade Act.

A major company in the same industry is selling our product disguised as a different brand by changing only the color. It is a product that we made entirely on our own, from the fabric to the design, so it is very galling, and I have no idea how to deal with it. From a customer's perspective, since the products are similar, I suspect they would choose the major company's product, which makes me even angrier. Does this not amount to a violation of the Monopoly Regulation and Fair Trade Act?

Monopoly Regulation and Fair Trade Act

Fair trade attorney

Answer

Published: 2025-04-11

Author : DongIl PARK

First, if a major company imitates and sells your product by changing only the color, this may be regarded as an unfair trade practice.

However, under the Monopoly Regulation and Fair Trade Act, whether an act constitutes an unfair trade practice requires considering several factors and examining the legal issues together.

In your case, through a consultation with a specialist attorney, if the other party's conduct is judged to be an unfair trade practice, you may report it to the Fair Trade Commission and subsequently pursue civil and criminal liability.

If it is recognized that an unfair trade practice was committed, and the Monopoly Regulation and Fair Trade Act is subsequently found to have been violated, a sentence of imprisonment for up to 2 years or a fine not exceeding 150 million won may be imposed.

In addition, among violations of the Monopoly Regulation and Fair Trade Act, if the conduct amounts to having committed an unfair trade practice, imprisonment for up to 3 years or a fine not exceeding 200 million won applies, so the level of punishment is higher, and caution is required.

However, to properly prove the fact of a violation of the Monopoly Regulation and Fair Trade Act, appropriate evidence collection along with a suitable pleading is necessary, so it is advisable to obtain help from a specialist attorney.