In 1999, after many years of sales of different "Choco Pie" products, Tongyang (Orion) filed a lawsuit against Lotte for their use of the term "Choco Pie", claiming that the name was their intellectual property. The court ruled, however, that Tongyang was responsible for having allowed its brand name to become, over time, a generic trademark and that the term "choco pie" was to be considered a common noun due to its generic descriptive sense in reference to confections of similar composition.