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.
It is the first variation of the original product in 42 years since the company launched the Choco Pie with marshmallow cream in 1974.
[9] Due to the product line's launch, overall Choco Pie sales in January and February increased by about 20% compared to the same period last year.
[12] In January 2021, Orion launched its first winter limited edition, 'Choco Pie Chung Happy Berry Chocolate', 46 years after its establishment.
[15] Orion has a share in five major markets – South Korea, Russia, Vietnam, China and Canada.
[18][19] Prior to the closing of the complex during the 2013 Korean crisis, workers received choco pies, which had become a favorite snack at Kaeseong (개성시) and also a symbol of capitalism,[20] in addition to their wages.
In 2010, The Chosun Ilbo reported that choco pies could fetch as much as US$9.50 on the North Korean black market.
[23] In the wake of tensions surrounding its nuclear tests, the North Korean government temporarily shut down the Kaeseong (개성시) complex in 2013.
[28] In 2014, South Korean activists used helium balloons to launch 10,000 choco pies over the border to North Korea.
[29][30] Artist Jin Joo Chae made the controversy a subject of her prints and sculptures the same year, printing, with chocolate, real and imagined Choco Pie slogans onto North Korean newspapers and simulating a black market for the snack in the gallery.