KENFOX Presents On Strategic Protection Of Foreign Brands Against Sophisticated Infringement At The MOIP–KOIPA Seminar

As intellectual property rights increasingly serve as a decisive “competitive weapon” in Vietnam, IP disputes and infringement tactics have evolved accordingly – becoming more sophisticated, unpredictable, and, in some instances, stretching beyond traditional legal boundaries. This is no longer merely a legal contest; it is a battle to protect trust, preserve brand identity, and protect the commercial interests of foreign investors operating in Vietnam.

At a specialized seminar co-hosted by Agency for Domestic Market Surveillance and Development in collaboration with the Ministry of Intellectual Property of Korea (MOIP) and the Korea Intellectual Property Protection Agency (KOIPA), attended by more than 50 representatives from the Intellectual Property Office of Vietnam, Market Surveillance Authority, Customs, and other enforcement bodies, KENFOX IP & Law Office was honored to deliver a presentation on two representative and complex cases we successfully handled for Korean enterprises – the nearly 4-year trademark dispute relating to the “” (“Foellie”) mark and the wide-scale infringement case concerning the “LACTOMASON” mark.

“Foellie”: When Legal Gaps Become a Tool for Brand Misappropriation – Copyright Versus Trademark Protection

The “Foellie” case exposes a troubling reality in the Vietnamese IP landscape: a local individual successfully registered the trademark of a foreign brand in bad faith and obtained a Trademark Registration Certificate, while the legitimate brand owner was refused trademark protection—despite being granted a Copyright Registration Certificate for the Foellie logo.

This conflict between two parallel protection systems created a legal vacuum, enabling major e-commerce platforms such as Shopee, Lazada, and TikTok to prioritize trademark rights over copyright, resulting in the removal of official distributors’ accounts and disruption of legitimate business operations.

KENFOX not only clarified the legal nature and implications of this conflict, but also implemented a strategic and rigorous response grounded in the expert opinion issued by the Copyright and Related Rights Assessment Center. Through this approach, we safeguarded the lawful interests of Laorganic, the rightful owner of the Foellie logo.

This case underscores our capability to navigate and resolve complex, multi-layered, and cross-border IP disputes, particularly where legal inconsistencies are exploited as a mechanism for brand hijacking.

“LACTOMASON”: Tracing Infringement in the Digital Environment

In the LACTOMASON matter, KENFOX implemented a structured and methodical investigative process to trace infringing actors whose operations were primarily conducted in the digital space. From evidence collection and notarized recording of online infringement (Bailiff’s witness) to coordinated action with enforcement authorities for the imposition of the highest administrative penalties, we demonstrated that—even in the digital sphere – intellectual property rights can be effectively and comprehensively protected.

Lessons from Practice: IP Protection Is Not Merely Legal – It Is Strategic

At the seminar, Ms. Hoàng Thị Tuyết Hồng, Head of Trademark & Copyright Practice at KENFOX, delivered an insightful presentation analyzing the legal, strategic, and practical dimensions of the two landmark matters. Her remarks generated strong interest from participants, particularly in relation to handling conflicts between copyright and trademark rights – an increasingly prominent issue in the era of accelerating e-commerce.

KENFOX serves as a trusted guardian for foreign investors seeking strong protection for their intellectual property assets in Vietnam. We are not merely legal counsel – we are strategic partners, a legal shield amid market volatility.

Curious about how to safeguard your brand in Vietnam? Allow KENFOX to share real-world stories – drawn from the frontlines of IP enforcement.

QUAN, Nguyen Vu | Partner, IP Attorney

PHAN, Do Thi | Special Counsel

HONG, Hoang Thi Tuyet | Senior Trademark Attorney

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