How did SM’s Trademark to ‘Dong Bang Shin Ki’ Get Rejected?
The problem of patenting idol group names brought up by the ‘Kara’ contract termination issue
By Jeon Sojeong, patent lawyer, IP&company
Translator’s note: Where the name for idol group Kara is written as “Kara” I am translating directly from the Korean name “카라” but where the name appears as “KARA” it was also originally written as “KARA” in the Korean article.
Jeon Sojeong, patent lawyer (지심 IP&company) ⓒ전소정 변리사 제공
January 26, 2011—These days, the entertainment industry is monitoring the unpredictable ‘Kara incident’ with keen interest. At this point, both scenarios are equally expected: that the contentious issues [between Kara and their management] can be resolved or that the group has reached its limit. In all honesty, I have no interest in girl groups, but as the ‘Kara’ contract termination controversy gets thicker, management company DSP Media has moved to gain exclusive trademark rights to the name ‘Kara’. I’ve never thought of this before, but it struck me that the question of who owns the trademark rights to the names of idol groups could become a source of big problems, and so I looked into to whom the trademark rights of these names belong.
The application for trademark rights to KARA 3 years after debut
On December 7, 2010, Kara’s management company DSP Media filed an application for exclusive trademark rights to ‘KARA’, as written in English and not in Korean, for products pertaining to: Category 9 (downloadable music files), Category 35 (albums that include music/songs from trademark for large-scale distribution), Category 41 (concerts and exhibits, sound recordings).
What’s questionable about this action is that it came 3 years after Kara’s 2007 debut and a good month before the present situation regarding [Kara’s] contract termination.
It appears that until now KARA’s management company had an easygoing attitude toward trademark rights. But after experiencing increasing difficulties with the members and their parents, it appears the company decided to pre-empt the current situation. However, ‘CARA’ was already registered and its derivative ‘KARA’ is also a name associated with famous brands in clothing, cosmetics and even toys. So, [DSP] couldn’t do much about that. And when this news became public, it became an even bigger controversy.
Girl group Kara is becoming a social issue. ⓒDSP미디어
The reason why the application to trademark Dong Bang Shin Ki was denied
As more and more reports come in that KARA may split many people are worried that the group will become the 2nd Dong Bang Shin Ki. Consequently, I suddenly became curious about whatever happened to the trademark rights related to Dong Bang Shin Ki and decided to find out.
Choikang Changmin and U-know Yunho as a duo are continuing activities under their old group name ‘Dong Bang Shin Ki’, and the remaining three—Park Yoochun, Kim Junsu, Kim Jaejoong—have formed a new unit ‘JYJ’ and are active under that name.
Upon researching who owns the trademark rights to name Dong Bang Shin Ki I came across an interesting fact; from the beginning, management company SM Entertainment didn’t file an application for the Korean name for Dong Bang Shin Ki but instead filed for the name ‘東方神起’ in Chinese characters.
The time Dong Bang Shin Ki were five ⓒ민중의소리
Different from my expectation that the name would be registered for a variety of products, the majority of [SM’s] applications were flat-out denied and only the name for “東方神起” in simplified Chinese “东方神起” was registered for products falling under Category 9 (downloadable recordings, sound recordings for compact discs). I further investigated whether there were registrations with similar trademark names, but there weren’t any.
I became so curious as to why the application for “東方神起” got denied that I filed a special document request with the Korean Patent and Trademark Office to find out the reason. The reason for the rejection is interesting and is fully enunciated in the first instance opinion issued by the Korean Patent and Trademark Office.
“The requested trademark filed by SM Entertainment is inextricably and intrinsically connected to famous a cappella dance and singing group members U-know Yunho, Youngwoong Jaejoong, Micky Yoochun, Xiah Junsu and Choikang Changmin and as such, under Trademark Act Article 7.1.6, this request cannot be accepted. End”
Therefore, under Article 7.1.6 of Korea’s trademark law it is not permissible to register a trademark for names related to famous people, and it was on this basis that [SM’s] application was denied. What Dong Bang Shin Ki’s management company SM Entertainment failed to recognise is that the very act on their part of filing an application for trademark registration for ‘Dong Bang Shin Ki’ underscored the fact that Dong Bang Shin Ki and SM Entertainment are clearly two separate legal entities; this is why such an ironic (from SM’s perspective) opinion was issued. This undoubtedly left SM Entertainment dumbfounded, but what could it do? The only way to avoid possible rejection on grounds of Article 7.1.6 is to receive permission from the famous people to whom the name is attached and submit in writing an attestation of this permission. And so, SM Entertainment secured the agreement of the members of Dong Bang Shin Ki and submitted it in writing to the Korean Patent and Trademark Office. But what is this? The Korean Patent and Trademark Office issued a second instance opinion that was identical in content to the first one.
“The requested trademark filed by SM Entertainment is inextricably and intrinsically connected to famous a cappella dance and singing group members U-know Yunho, Youngwoong Jaejoong, Micky Yoochun, Xiah Junsu and Choikang and as such, under Trademark Act Article 7.1.6, this request cannot be accepted. In addition, because this request involves minors, under Patent Law Article 3, Article 5 and Article 909 of the Civil Code, it is necessary to also obtain the permission of the minors’ parents and submit it in writing. End.”
Because at the time of request, the members of Dong Bang Shin Ki were minors, the second instance opinion insisted that the permission of the members’ parents also be submitted in order to preserve transparency in adhering to the law. Afterward, for whatever reason related to the state of relations between the management company and the parents of the Dong Bang Shin Ki members, [SM] was unable to submit documentation attesting to the parents’ permission, and the final decision on the application to the trademark rights for Dong Bang Shin Ki was a flat-out rejection. This, supported by the same reasons mentioned above, also applies to attempts to trademark the Dong Bang Shin Ki name to products belonging to Category 28 (toys), Category 25 (clothing) and Category 18 (accessories).
Considering the reasons for rejection in the Dong Bang Shin Ki case, I started to think that the KARA contract termination situation brings to light the complications that arise when management companies have to face not only the members of their idol groups but also their parents who express dissatisfaction at the profits distribution scheme and other related activities.
Is it because of the parents’ difficulty in yielding the trademark rights to ‘Dong Bang Shin Ki’ that their management company was not able to reap the potential benefits from the products, clothing, accessories and toys sold tagged with the group’s name? This is all just speculation on my part, but the thought of these attractive idols jumping so early into the equally attractive world of entertainment whilst their management company and even their parents remain largely ignorant of their stress leaves me overwhelmed with pity.
Source: Vop.co.kr
Translated by: Jimmie of TheJYJFiles
Shared by: TheJYJFiles
Please do not add/remove credit
The JYJ Files 
Okay, this article should be given to any fan who said that HM deserved the name of TVXQ, since even the law admit that TVXQ was made by 5 people
well, HM cannot do anything about it. js
LOL quit it with the HM can’t do anything about it excuse. It’s too overuse. Come up with a better excuse next time will ya.
but wasn’t the use of TVXQ a way to keep the name in media?
+ i doubt that SME would allow them to work if not by TVXQ name.
sadly that everybody thinks that just cuz JaeSuChun will probably not have the contract with SME that TVXQ as 5 will never happen.
they can be 5 as 1 if SME trully let it happens.
wow interesting! thanks a lot for sharing..
it’s funny that SME is the one who creates the name DBSK/TVXQ (isn’t it?)
but they need to ask permissions from the boys n parents if they want to patent the name..haha lol~
Agree with you. so ironic, isn’t it. Investing all that money into creating a group and not having the right to the name because huh, the boys themselves define what the group is.
But it’s logical. Just like all of us, when we think about it. Our parents gave us our name when we were born, but we own the name the moment they decided to give it to us. As such, TVXQ belongs to all five boys the moment they named the group.
and to me the same goes to cassiopeia in a way.
cuz cassiopeia is to 5, so a cassie will just end up to be called cassie to all 5 if the 5 of them say that cassie name is no longer to 5 but 2 or 3.
SME didn’t care about cassiopeia, just the boys, so just them can say otherwise
i just had to lol at the reply sent to sm. can you imagine their faces when they read that statement?
it’s nice to know that the right of the name actually has the possibility of belonging to the 5 boys and not sm ent. honestly i’m not really bothered that homin used tvxq or that jaechunsu had to use JYJ. What matters are the boys that make up the team. (But that little voice in my head is happy knowing that jyj are still tvxq and no one can tell them they’re not because even the law says so.) ^^
i just had to lol at the reply sent to sm. can you imagine their faces when they read that statement? => LOLOLOLOLOL! What a nice thought before I go to sleep!
and imagine the document itself. it’s probably a sheet of legal paper with that single sentence. well two if you include the “end.”
lol!!!!!!!
My understanding is that JaeChunSu chose to use JYJ because they said & believed TVXQ was only TVXQ when the five of them performed together. I never heard that they couldn’t use it.
My concern now is that SM may be trying to re-establish rights to the TVXQ name by saying JYJ abandoned it.
If no one challenges HoMin’s use of it and SM is successful in convincing others that HoMin is now TVXQ, it would seem that all SM would need at that point is HoMin’s permission to obtain a patent on it.
i do think so.. sometime i feel with fans said it’s okay for homin use tvxq name for two of them… it’s like they agree it’s alright for tvxq is just for two..
and later new generation wouldn’t know how wonderful TVXQ is when they are 5… to me TVXQ is composed by 5 voice… it’s not wrong for homin use it but, i am sad and disappointed they use it… sorry to bring the negativity on this page >_<
Thanks Jimmie, you always find something worth translating! And this made me think. Didn’t they say that SM’s request was rejected because of the characters meaning ‘East’ and it’s a too common word to be patented and it would cause problems? So maybe it wasn’t true at all. SM simply wouldn’t say that they failed to secure the name for themselves because according to Trademark Office the name belongs to the five boys. LOL, this is epic. 😀
That was the opinion of another patent lawyer on an earlier article also posted on this site. It’s probably one of the many other more minor reasons along with this big main reason ^^
Oh, I see, thanks for the answer. I didn’t know where did the info come from, I’ve read it on SYC long time ago. Either way it’s good news. If one day the boys decide they still have something in common despite of all that happened and they will be able to work out their problems together – highly unlikely but one can hope 🙂 – they can use the name if they want to.
Thank you Jimmie for posting this. 🙂
This article definitely help in understanding why there’s so much ‘heat’ around the name TVXQ. It reiterates that Dong Bang Shin Ki refer to all five members; and it shouldn’t be used without the permission of all five members. JYJ has a right to contest SME’s decision to continue using the group’s name as they are part of what is defined as ‘TVXQ’, but I doubt JYJ want to do that to the other two and cause more heartbreaks in the fandom.
And I’m sitting here thinking WTF was SME thinking when they decided to continue TVXQ with only 2. Man, couldn’t find answers.
they can..
but if they do, they are not JYJ 🙂 (I sometime want to smack them for being too lenient/nice). But in JYJ minds, it’s not SME that get benefit from it, it’s their fellow members. Since they are all TVXQ. so what the fuss?? (again, too lenient)
JYJ can sue SME for using DBSK names without their consent. SME only held the right to ‘manage’ the name, they never owned it.
Exactly my thought. JYJ would never have the heart to stop the other 2 from using the name. The law said the name belongs to the five, but again, it actually comes back to the individual members if they want to promote using the name or not. I believe JYJ decided not to use it for sentiment and old time’s sake. I have no comment on why the other 2 decided to do the opposite.
But then again, like you’ve said. That’s what makes JYJ, JYJ. They are all the more lovable this way. 🙂
SME even made a Cassiopeia the 3rd, am i right? Those fans can join Uknow’s bday party.. Is there any patent under the name of Cassiopeia? lol..
‘Cassiopeia’ is the name of a well-known 5-stars constellation and so, no, I don’t think there is a patent under the name. SME can’t own ‘Cassiopeia’ just like they can’t own ‘TVXQ’ – which I guess why so many fans are outraged when SME stated Cassiopeia will now only be the 2 members’ fans and not all 5.
Lol if you think about it…JYJ should get it since they outnumber the other 2! I don’t know if that’s even possible because it is for all 5. HM shouldn’t be using TVXQ at all, since the name belongs to ALL 5!
Just like the way my sister explained it to me (she is a patent lawyer, but not in Korea). In general, this rules applied in all country.
Another thing that make her feel mad is that JYJ can’t sing any song from dbsk days anymore. Off course the ‘commercial’ rights is held by SME, but the the artist had a ‘performance’ right to the song. Also the fact that none of the boys has any right to their own compose song (it’s on their contract clausal), it automatically own by SME. For her, this is what makes the contract as a slave contract.
People should realize that it’s not about money anymore. It’s about freedom of creativity. Something, that all artist are dreamed off.
I’m so agree with your sister!
“People should realize that it’s not about money anymore. It’s about freedom of creativity. Something, that all artist are dreamed off.” – Exactly.
Yeah, I hope Heechul reads your comment 🙂
@Jan…
Heechul can read? LOL
Amen to that.
It’s killing me that JYJ is not even able to sing their own composed song created on DBSK’s era. How couldn’t people see that the contract is a violation against intellectual property rights?
Yes, SM has commercial rights to the songs (even the ones that they wrote when they were still with SM). But it’s also stated in the contract that JYJ would receive 70% of the profit if ever SM decides to use the songs they wrote/composed for anything.
Sure, SM is kinda evil. But they’re not as evil as people think. Just saying.
please read all post here first before comment.. u will know where that 70% figure come from…and how it’s not even fair anymore…
So in terms of law, is DBSK (Act II) unlawful, since it isn’t made of 5 members?
just asking though ^^;
Sorry to butt in with no answer, but I was thinking of this as well. @_@
That is the argument being made by DNBN and was iterated in their public announcement
Technically, ALL of them can use 東方神起 (even as individuals/duo/trio/quartet) since SM was not able to copyright it. However, (if I understood correctly) SM has rights to TVXQ and 东方神起. So JYJ need permission to use those two. But they can use 東方神起 also if they want.
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Wow! It is the truth and confirmed by law that the boys.. FIVE of them own the right of the name TVXQ.. Well there is still justice in Korea at least..
jyj represent rep of s.korea face,if jyj lose korea will lose to,lose face and respect and trust from whole world,cozi fan monitoring korea now,seriosly,korean young generation future are in danger…korean people must aware of this case!!!!!!!!
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thanks Jimmy. This is waht I call news, informative and entertaining.
After reading this, I realise that JYJ are angels for sure because I am sure they and their lawyers are aware of this. I THINK they are letting this go for their brothers not SM.
thank you for translating this piece
very informative
same thing as everyone have been stated above: it confirmed that the name belongs to all 5, and NOT to SM as SMTown have so decidedly boasted ~ so whoever [well u know who I meant] said that TVXQ was created by SM so it should and only can continue in SM is….well, delusional
The more we dwell into the matter, the more I realize how nice JYJ are
I am really proud to be their fan
Thank for the translations Jimmie.
I want to ask you about two things though. It was mentioned before by someone that part of the reason why SM couldn’t get patent to DBSK was because there was the name “East”, and everything with any of the four directions can’t be patented. Is that right?
Now that SM is promoting TVXQ as a duo group and trying to establish the presence of Cassiopeia III, can the name be patented based on the logic that the “current TVXQ” consists of only Max and U-know? I don’t agree with that idea but new fans of U-know and Max probably think so.
Thank you for translating very interesting articles.
Now that we know the real reason behind the rejection of the Dong Bang Shin Ki patent, it’s clearer to me why SM entertainment chose this “2nd coming” concept for TVXQ. If you cannot patent the name then “rebrand” it.
I was saddened a recent even when a friend of my sister who’s 14 years old and into K-pop asked me who I liked in the kpop scene and I said “Oh I like Dong Bang Shin Ki.” and she asked me who my favorite member was and I said, “Kim Jaejoong” and she was like “Is he a member of Dong Bang Shin Ki, aren’t there only 2?” =(
Now that I’ve thought about it the new generation of people would not know the 5 member TVXQ but would be familiar with them as a duo. So it’s sort of a rebranding. I’m not sure about the term since I’m not familiar with the laws of patenting. But that’s how I see it. I guess since it’s near to impossible how they’re going to claim the right for the name, they just decided to do everything in their power to change how people view the name they created.
lool u havent lost all the young generation
Im 14 and i loove TVXQAct1 and my friends knw tht TVXQ is a 5 member group NOT 2. I kindda bullied them into having that mindset.
Right now im waiting for them to re unite until than ill be supporting my dear boys (JYJ)
you right,we lost young gen.but its 2011?they can find tvxq history trough youtube,they will know…
If I recall, Yunho mentioned in an interview that they (two) decided to continue using the name to uphold the spirit of TVXQ. I appreciate his thoughtfulness regardless of personal benefit, fan retention or spite. Since all members has equal jurisdication over the name, I hope HoMin will receive revelation about their obstinate stance on JYJ’s return to HELL (SM) and act on the current ‘unofficial’ power of attorney to reunify all 5 independent from the company as a demonstration of justice to that name.
Hold the Fire! Pls. First, why fans are damn angry towards HoMin?
Plus, are we really sure that Money is not the main reason why they filed that Lawsuit case against their Mother company? I’m neither a JYJ or Homin bias so please don’t get me wrong. Of course, I love these 5 guys so much and I care for them dearly but in the case of the contract, I think JYJ should blame for signing it and plus It is their responsibility to accomplished those things and in the first place they agree on signing it, right? sometimes I think they are stupid for signing it and okay considering the fact that 13 years is a very long contract but personally I think it’s an advantage since you are secure of your income. Sometimes I doubt the words coming from JYJ sides and I can’t help thinking if they are really experiencing brutality under SME. If so, then why did those 2 choose to stay. I read about hangeng defends SME which adds another confusion to me. Okay, I hate thinking this but since I’m open to all possibilities, i think I cannot condemn SME as an evil company or what. I think we are being so bias, we should judge the right way, we should be objective. Are we really sure about what’s the real thing happening to them. What if JYJ is the real villain here? What if SME is really trying to protect TVXQ?
Excuse me girl, since it is too long to explain everything again and again and you also lazy to study all articles published here…so this is only my opinion…SME really is a good company which HOMIN felt really good and comfortable with. The company gave everything they need like “you wish is your command” and that’s why they want to stay there. Just forget about JYJ…They are really ambitious bad boys. They easily signed the contract for 13 years (which I think too short, why not sign it for 20 years to secure their income?) and sue the company for unfair contracts like nothing a big deal. Since this fansite is also like pro JYJ, so not worth with your esteem opinion…Hope that satisfied all your imaginations about the whole scenario.
If you need further explanation and more understanding about the whole things, please study all articles from this site from day 1. Then you can prove that JYJ is the real villain here…Oh…you could also drop at hopeforJYJ for more info about badass JYJ. Good Luck and Fighting for Justice!!^^
Excuse me! I’M NOT LAZY TO READ. I’m somewhat confused because of the fandoom, taking sides like they all know the whole thing and acting like they are involved on that whole matter. I just want to imagine how would it be if JYJ is the real villain here? How will JYJ fans would react to that?.
One thing I don’t seem to understand is the need for their to be a villian in this case. This is not a morality issue in my case and personally I don’t think SM is some evil entity rather a company exploiting all available avenues to ensure maximum profit on their side irrespective of the well-being of their employees. I don’t see the relationship between SM and JYJ been family and I don’t buy the whole family oriented image. JYJ are employers of SM and like any other employer if you are unsatisfied with your company and grieve your grievances to them and they refuse to hear you plea like duh you have the right to resign and if you can’t because you are bound by a rather constrictive contract then sue your way out. Seriously some people resign out of their companies and some stay so why do some stay and why do some leave- its called personal preferences and fact that people aren’t the same.
People’s emotional involvement and looking at this from a fandom perspective annoys me. What JYJ are doing is not that uncommon but rather unprecedented in their world because of the whole family image ingrained to fans mind and undying loyalty to some company.
And what annoys the hell out of me is the damn notion protect TVXQ. Everything seems to be about the brand name and not the people. If for emotional, financial, social, mental reasons JYJ saw they can’t continue to work under SM what is the problem with that. In a industry where depression is high and rate of suicide is high let them get out if they can no longer willingly work with SM. You don’t want to imprison someone in something they no longer want to do.
I don’t understand why it so wrong if JYJ want to get out. I look at this like any other job. What is so wrong with JYJ doing something for their own well being same as SM doing everything for their financial well-being. I don’t quite understand why it seems okay for some for these companies to go the extra mile to ensure their financial well-being but it seemingly wrong for JYJ to do something for their own well-being for whatever reasons which we may not understand.
What i just don’t get about the fandom is why people purposefully try to pinpoint whose wrong and whose right. This is not a morality case. Let them do what they seem fit with their life they’ll be the ones to bear the consequences not you, me or anybody but them.
Have you been paying any attention to SME’s behaviour since the suit started? I’m not talking about the contract, which neither of us have a copy of, or how they treat their artists, which we only have circumstantial evidence of, but of their own behaviour which has been noted in the public record. If they had been willing to cooperate with JYJ and the legal proceedings, I would likely have a different view, that of a hard-nosed company out to make a buck. However, with the evidence of manipulation and lies, the overwhelming arrogance, and disdain for the legal system, I truly worry for anyone that has to come into contact with this organization. It has far more power than is healthy for a business and it is fully aware of how to use it.
okay…
let’s say we forget everything you just typed up there, and we’ll let you “renounce” your “faith” in SME after you’ve EVERYTHING that’s been posted here in this JYJ-biased page and add this too… (w/c is also shared here…)
http://www.time.com/time/asia/covers/1101020729/money.html
PFT so JYJ is the real villain while SME is trying to protect TVXQ? sorry girl SME doesn’t need to protect TVXQ == if all five of them are confident in their talent in continuing TVXQ or using another band name WE FANS WILL STILL SUPPORT THEM!!! we love them not cause of the name but the members 😡 it seems fans like u care too much about the “name” to me the name TVXQ is already tarnish…..what HM is doing these days, their music speaks no essence about TVXQ! and the fact their interviews are just plain hateful to JYJ, made me pick a side…and i picked JYJ~ i want love and positivity from my boys not hate anger bitterness and negativity from them! tell me are u sure SME is protecting the name TVXQ now? when they released those dumbass interviews which got a lot of fans wake up and then their songs? where’s the TVXQ essence? hm? sorry but i have to say i’m disappointed with hm…== all five of them wanted to sue SME but those two backed off cause of what afraid that their fans can’t protect them? so chose to stay with sme? i’m cool with that…BUT DON’T DARE U POINT FINGERS AT JYJ cause it’s both side PROBLEMS u can’t say this one is wrong and this one is correct == NO…so deary i think you’re in the wrong place~this is JYJFILES~want go find some HM go to SYC 😉 bye bye i hope u find your way out~~
I don’t care about the name FYI. I just posted an opinion that suits for the topic “How did SM’s Trademark to DBSK get rejected”. Hey too! I just want to be fair!. Got it! I don’t want to be delusional like other fans out there (whether JYJ or HoMin). Okay I respect JYJ and HoMin as an artist not an Idol and if you’re saying that their(HoMin) music speaks of no essence , can you please make up your mind again. How sure are you that the 5 of them really wanted to sue SME in the first place?. I’m not making any claim in my opinion. I want to open that possibility. Fans are being unfair in making claims and taking sides. I just want to widen it not to narrow it!.
I’m going to state this first…I don’t give a RAT’S PATOOTIE if they did sue ‘just for the money’.
“….sometimes I think they are stupid for signing it and okay considering the fact that 13 years is a very long contract but personally I think it’s an advantage since you are secure of your income. ”
I would sue too if my employer was running my behind ragged, at his will, and I don’t have a right to say ‘no’, AND then on payday told me, sorry…there were all these ‘expenses’, so there’s no money to put in your paycheck. If you want to work your fanny off for free – go knock yourself out. Then comeback and tell us how much fun it was, and how lucrative it seemed.
When a company preys on impressionable young people, knowing they have dreams and aspirations, then uses that vulnerablility as means to bind them contracturally for most of their adult life, yeah I have a problem with that. Not to mention, they get ALL the money, and you barely get any. It has already been shown that SME has not shown all the revised copies of the contracts to JYJ. If you don’t have anything to hide, why all the secrecy?
SME is just like all the others, they just go there first, and became the biggest bully on the block. Ask yourself this question…regardless of what the reason for the lawsuit…Why are these 3 young men being treated as if they committed a crime? Does trying to get out of a contract equal being treated like you are a criminal? Tell me what ‘crime’ did they commit?
And if this legal spat is ONLY about a paycheck why all the hysteria? Why all the ‘take them down by any means necessary’ tactics. What can all these entities be afraid of? Could it be that the current system is being shown up for the fraud that it is? If your cause is so righteous, you don’t have to act like a park ape to prove your case.
You have every right to believe what you do. But I don’t think you are going to convince the majority of people who support JYJ, of your theories. As was suggested to you in an earlier post, check out the previous articles, that provide sources. If you can still come away thinking the way that you do, so be it.
But NO ONE IS GOING TO BELIEVE, EVER that SME is trying to PROTECT JYJ. The only thing SME is trying to protect is it’s own A**!
Money is a common currency for every value in the world, right? So, the worth of my job and even my life can be easily translated into money value. But, conversely, my earning may show my social status with a number of digits in it. What I read into the amount of money paid to TVXQ is a cheap labor of teenagers abused by coldblooded “slave masters.” Please, look beyond the face value and read the meaning of it.
[GET YOUR FACTS STRAIGHT] TVXQ Is Not A Registered Trademark?: http://wp.me/p1gHff-2W
I thought people knew that SM only got approved trademark for Tong Vfang Xien Qi (TVfXQ) but everything else was rejected.
You can read :
http://community.livejournal.com/tohosomnia/242534.html
http://community.livejournal.com/tohosomnia/1370.html
it covers what is said in the above article.
Hence JYJ have legal rights to challenge SM’s right to use TVXQ but not TVfXQ. Legally, there is a huge difference between TVXQ and TVfXQ. TVXQ is not a trademark under SM but TVfXQ is a trademark.
Actually, JYJ have the legal right to challenge SME on anything. That’s how the law works. A good lawyer won’t take the case if it looks like there is little chance of them winning, or a judge can charge them if an attempt is frivolous, but they have the right to give it a shot. Just because a bureaucrat has stamped a document doesn’t make it irrevocable.
I think the issue of challenging for revoking the trademark on TVfXQ would be a reasonable one due to the denial of the one for TVXQ. The logic that governed one should apply to the other. But that’s for the courts to decide and for JYJ to decide if they want to pursue it. I highly doubt they will.
I did look it up. TVXQ is not a registered trademark, TVXQ! is. Because most band names are made up of words or phrases that can’t be trademarked, it is usually a logo that gets registered. I remember them using TVXQ! but only in the first few years (pre-“O”).
But that’s not really the point. This article was another small chip in SME story that they have the right to control everything about TVXQ, including the performers. Trying to gain the trademark for the name that is used to represent 5 actual people is degrading the value that those people added to the name. This article showed that it is not just fandom fancy, there is someone in the trademark office that agrees. And the court agreed when the suspension was ruled on — Jaejoong, Yoochun, and Junsu could work under the name TVXQ (I researched this after the MAMA debate in Nov ’09)
Do Changmin and Yunho have a right to the name? I think this article implies they do, but SME doesn’t. And Changmin and Yunho can only use the name as long as Junsu, Yoochun, and Jaejoong, don’t object, which they haven’t, other than to express disappointment. The charges of the two using the name as being “unlawful” as levelled by the fans is more of a moral argument than a legal one. That would be something for the courts to decide should it ever get to that point, which I doubt it will.
The bitterness in the JYJ fandom about this issue comes from the repeated assurances for over 5 years from Changmin and Yunho that TVXQ does not exist unless the 5 of them are on stage. That’s what wounds us. And saying “They had no choice, it’s SME’s doing,” rubs salt in that wound. They had the choice to stay with SME, they chose not to protest SME’s course for their comeback, and they need to be given their fair share of the responsibility for those choices.
As for your charge that this is an anti site that spreads rumours — STATE ONE! Give me one example of a rumour that this site has spread against Changmin and Yunho.
I salute you my dear! You have voiced my thoughts clearly!
@ Eliza
Thank you for your kind explanation. Its help a lot…
I really like your comment.
I totally agree with everything you mentioned.
are u serious?? so homin have done a strategy for coming back by keep staying in SM??
how do u know it for sure? are you supposing??
i did’t even think so before, i thought there was really no choice for them…
@Eliza
You are so correct, it is always about the choices we make, and having to live up to the responsibilities of those choices. The choices HoMin make, for whatever their reasons, will be theirs for which to answer.
Yeah, I want to see those rumors as well. Check out EACH and EVERY post. When you find a ‘rumor’, let us all know. We’ll be waiting with baited breath.
Peace.
@anik I’m not sure what you are asking? Strategy? I have no idea about their strategy.
What I do know is they had a choice. They could have left with the other three. However, there were some reasons that made them think that staying was a better idea. I don’t know what they were. To say they had “no choice” does not give them credit for being adults.
Am i reading this correctly? Because SM didnt get to patent the name TVXQ, they didnt get any of the profits from merchandises produced by other people that have TVXQ on it? And hence, cant split the profit to the boys?
So we may see TVXQ everywhere, but not everything contributes to SM/TVXQ profits?
Bands don’t usually trademark the name, it’s the logo that’s trademarked. And it’s that logo or the phrase “officially licensed” that you look for when buying products. If you just buy products without looking to see if it’s an official product then you have no idea where the money is going. If you care, that is.
So if SM did manage to patent the name, TVXQ would have earned a whole lot more?
I think you need to define “TVXQ would have earned”. Do you mean added to the SME cash flow or gone into the boys’ pockets? Those are two very different things.
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不论怎么样，东方神起要一直在一起。我们都知道现在有太多的不公平，韩国有太多“潜规则”了，但是我们相信你们，所有照着自己的想法去做吧，我们永远支持你们，五只一起努力，共同面对不平等条约，去找寻自己的自由 No reason no why！！
东方神起~fighting！！JYJ fighting~允在米秀珉~fighting
不论做什么决定，我们永远支持你们
@Dear JYJfiles
you can assumpt me from Yunho and Changmin side. since this blog really make me more curious about mystery of TVXQ xD. can u give me any clue about my statement. “Did Trademark to ‘Dong Bang Shin Ki’ belong to Yunho, Changmin, Jaejoong, Yoochun and Junsu ?”
yes DBSK belongs to all five. Still don’t see the need for homin fans to come and lurk on jyj sites. don’t you guys not care for jyj anymore? so move on LOL there is many backed up evidence from lawyers, producers, panel of judges etc that the site HM fans believe to contain ANY truth is mere opinionated. So go back there after the immediate shut down with EVIDENCE JYJ fans have provided you with.
Actually TVXQ, Dong Bang Shin Ki and Tohoshinki are names that represent the 5 guys but they are NOT trademarked. It’s possible the boys could apply for the trademark but it would have to be as all 5 or with the waver of the members not applying for it. And even then it might not be granted because it is a name made up of common words.
exactly, just like wht you ever said (i assumpt from Yunho and Changmin side), “we are called DBSK just when we are 5”
everyboby know it, and always hope it work how it was,,,,
I would like to add some comments. Trademark takes effect only when it is registered. So TVXQ is basically usable without paying any fines to five members at this point. But the IPO of Korea issued opinions that the right to TVXQ belonged to all five members twice when it decided to reject SME’s application for registering TVXQ. In short, nobody except five members can legally register TVXQ at the IPO. Even though the right to TVXQ is dormant, all rights to TVXQ equally belong to five members.
wooowww,such a genius comment in this site…im proud of you,my jyj family!!!!!!
i am really confused, i (someone with no knowlage abt law) don’t even know clearly wht really happened, But as a human being, we need a freedom to do something the best for our life, and so does JYJ.
i like dbsk’s music, the member, and the story belong. Since The Court has made a decision for the case, both SM and JYJ must obey it. MUST.
actually, SM has so many chances to recover the relationship with JYJ and Cassiopeia all over the world, they just need to gather and rearrage the contract, make it the best for each other, And problem will be solved as soon as possible. It’s not easy indeed, But it’s not impossible.. is it???
Last but not least, i wanna talk to JYJ/DBSK (even though i can’t see them in person)
” you guys don’t ever blame each other, you better concern to your fan in this wourld, they always love you from the deepest of heart, they really want you to comeback, see your smile, listen to your voice, and the most important in to be sure that you all always keep in touch, no metter what, your fans always do wht you told : KEEP A FAITH”
for everyone, let’s fight for our FAITH!!!!!
TVXQ and Cassiopeia is a miracle! ! ! ! ！
TVXQ, we will always be with you! ! ! ! !
TVXQ and Cassiopeia is a miracle! ! ! ! !
TVXQ, we will always be with you! ! ! ! !
You’re right in saying that “SM has so many chances to recover the relationship” but is it only SME should work for it? of course not. JYJ should also make a move and why almost all the people here put the blame on HoMin side for using the name TVXQ/DBSK? and to be fair, why HoMin fans put all the blames on JYJ side?. Even if they reconcile and reunite as TVXQ, I think that these situation has changed almost everything they had before these lawsuit case happened. They can work again as performers but be friends again, I don’t think so. The friendship existed before will not be the same again. And who the heck started that ATKF campaign? Well, Always keep the faith is only for who? JYJ. Nah!, if all of you wanted to see them together again as TVXQ, why only support one side and attack the other side? Then everybody should wake up! because the reconciliation is very impossible to happen right now or it can never happen. If JYJ wins the case, TVXQ is existing for two man. Well I’am sure that it would really happen. And why are you so angry towards SM? is it because they sue JYJ, Because they abuse them and rob their dreams or they treat JYJ as slave?. Duh! how sure are you?. and if you suggest to read JYJ files, I’m done with it. I suggest that JYJ files should get a new writer and please present the facts not a mere opinion! and seperate the facts from the writer’s opinion And please be objective, tell only the truth, and be sure that the writer is a korean to interpret things right and pls. don’t filter informations and get the facts straight from korea. If you truly love these guys (either JYJ or HoMin), love them not just who they are but what they are not. I’m done at accepting JYJ as a kind of people we can’t imagine that they are. But then guys, have you ever consider that JYJ is not only the one who is suffering here. SME also suffers of course for the lost of trust and respect which really affects its business. HoMin also suffers because of the break up, fans condemning them that they are traitors, slaves and SME’s underdog. They have also a dream. They have a good reason why they choose to stay. Well if that kind of situation happens to you and you choose to stay silent even if you’re hurting inside and it seems a lot of fans has turned their backs at you, How would you feel?. JYJ is also suffering but thanks for their fans because fans are their to stand for them plus JYJ can tell what they want to since they are not at SME at this point of time. Had anyone of you bother to think that HoMin choose to use the name DBSK (even if they know it stand for 5) so that people won’t forget it even if the consequence is like TVXQ will be known by younger generations as 2 member group. Okay! call me whatever you want to just like what you did to Makeurwish_girl there but I support these 5 people and love them for what they are not. ATKF is such a beautiful campaign but fans used it the way it should not be. There is no uniformity in using this ATKF thing, i don’t even know or rather I’am not sure for who is it standing for. Just please if you’re thinking logically then take less of your personal biases in thinking this whole mess. Please bear in this mind, Be objective and one should be knowledgeable about the matter and don’t be satisfied in looking only for one information.
Just take my last statement as an advice and you can ignore the rest.
Why do you have the same avatar as Makeurwish_girl? It’s so obvious you’re the same person. So funny.
And we’re not talking about feelings here: we’re talking about LEGALITIES. And unlike that other site, this is a direct translation of a news article with FACTS and input from Korean patent lawyer. The other site takes facts out of context and adds a ton of their own opinions and amendments and lie to their readers that they are the ones with truth on their side.
….. calm your horses girl.
FYI AKTF was said by Micky Yoochun and Jeajoong and him have it tattooed across their heart.
i know how you feel, my due…
you love tvxq so much so you don’t wanna blame them both,, i do understand it. But the matter, most of us (fans) are not able to stand for it anymore, we NEED TVXQ IN 5,,, it’s really The Ugly Truth to see them separated,,
i won’t do blaming Homin, They must have a reason for doing that, and i won’t blame SME as well, they also lose a lot of profit because of the lawsuit,, SO
would it be i have to blame my self for loving tvxq ?????
@Live it up!
“But then guys, have you ever consider that JYJ is not only the one who is suffering here.”… For me to buy into your argument, you are going to have to do better than this. When people treat you as if you are a ‘criminal’ because you want to stand up for your human rights, yes, that is called suffering. You are placing everything on the line and risking everything, on top of being treated as if you are a criminal. Sounds like real suffering to me, especially when you haven’t derided anyone else, but everyone dumps all over you. Plus, you have to constantly display a happy face when deep down inside you have to work at keeping it together.
“SME also suffers of course for the lost of trust and respect which really affects its business.” …Well now, if they were so concerned about their loss of corporate image of trust and respect, then they should never have tried to BS people in the first place. Their tract record is a wonder unto itself. They are blazing new trails all over the place! Never seen a bigger bunch of phonies in my life. They give new meaning to the phrase – “Can’t make a silk purse out of a sow’s ear.” One of my grandmothers was known for using this one and I’ve always loved it.
” HoMin also suffers because of the break up, fans condemning them that they are traitors, slaves and SME’s underdog. They have also a dream. They have a good reason why they choose to stay.” …Well, if you know what his ‘good reason’ is, will you tell the rest of us. Again, we are all responsible for the choices we make in life. Another saying – “Lie down with dogs, you get fleas.”
Yunho and Changmin are grown men. Whatever consequences they receive for their actions, this is what the Universe will bestow on them. It’s called the Law of Intentions. I just feel sorry for them. When they look back over this time, they will have to wonder – ‘what if’. If they had only had the courage to take the same risk as their brothers, they would have the same fans rallying by ALL their sides.
Because ultimately, it is the fans who will make or break the stranglehold SME has going on. Fans who believe in ‘FAIRNESS, TRUST, AND RESPECT.
First of all Jimmie our translator, just translated an article already written by a korean patten lawyer. See the law and an article makes sense instead of mere opinions (which this translation does not even contain opinions from the translator =_=”). Second everyone is hurt except SME. Man do you so called OT5 fans who really are HoMin fans listen to yourself? You live with the choices you make. HM chose to stay so they should not be acting like victims and JYJ chose to leave, which EVERYONE knows very well they will be the target of big companies. HM only had fans insult, JYJ had HoTel girls, SME, KFC, KEPA, all big companies sucking up to SME (SBS, MBC, KBS) etc. Again saying HM had no choice and bla bla bla then why did they stay? WE DON”T KNOW but everyone must pay the consequences for their actions.
Actually, JYJ have the legal right to challenge SME on anything. That’s how the law works. A good lawyer won’t take the case if it looks like there is little chance of them winning, or a judge can charge them if an attempt is frivolous, but they have the right to give it a shot. Just because a bureaucrat has stamped a document doesn’t make it irrevocable.
I think the issue of challenging for revoking the trademark on TVfXQ would be a reasonable one due to the denial of the one for TVXQ. The logic that governed one should apply to the other. But that’s for the courts to decide and for JYJ to decide if they want to pursue it. I highly doubt they will.
TVXQ and Cassiopeia are forever !
TVXQ and Cassiopeia is a miracle! ! ! ! !
TVXQ, we will always be with you! ! ! ! !
Wow. That sound familiar. I suggest you find a dictionary and look up the word “plagiarism.”
相信哥哥呢吧一定会胜利的 然后 五个人幸福的在一起
Dear Dr.Jeon Sojeong . Patent Lawyer:
I ‘m thankful to your experience and action, and I’ll continue to fellow your report.
Much Mahalo and Love, from ~ Aloha
↖(^ω^)↗~~~
加油！在中！
在中，加油！等你回家啊……
I know you five as a group. But now it has changed a lot. Two different groups instead of one.No matter what happened I will stand here to wait for your better future. Please sing and dance on the stage all the time with my love.I will last you forever.All words I want to say that I love you and live better.
男人们~fighting~！
Keep faith don’t fotget.
Baby we keep the faith eternally.
亲爱的们~
赶快回来吧~
加油！only 5！永远
加油！加油！我一直相信着，从没变过，深信爱着的你们，要加油啊~~真的想看到你们的演唱会、期待着。。我想，当一切再次回到原点的时候，会发现原来这一切的一切只不过是开始，让我在次为你们欢呼吧~~一直深爱着的——TVSQ
我们永远支持jyj
我一直相信，东方神起没有分开过，我们仙后会永远陪在你们身边。不管未来会怎么样，我们爱你们的心都不会改变，所以你们也要加油！！JYJ加油啊！！！！
支持JYJ
支持他们到永远！
only JYJ
做为一个外国的粉丝，唯一能做的就是给予你们无上的支持。加油，jyj.
必胜，jyj !!
支持你们。。相信你们。。
加油！~
JYJ 加油！
TVXQ only 5 fighting~~~~~等你们回家哦
作为仙后绝对无条件支持东方神起，支持五个人。在别人眼中的crazy love，是我的forever love。我希望你们幸福快乐，做自己想做的事吧，但请不要变你们之间的情谊，我还是最喜欢五个人的东方神起。我相信你们之间的诺言，我没忘，你们也没忘吧，在你们回来前，我坚定不移的守候着你们。
永远爱你们的中国仙后
hello..
加油男人们！
Always keep the faith…
有天。。在中。。俊秀。。
你们一定要好好的。我们永远在你们的身边，或风活雨
fighting!
一直都没有过要放弃的念头，觉得，爱你们，是一件很值得的事情。
一直的，没有结尾，相爱你们到永远。仙后从来都没有要放弃
五个人才是完美的东方神起，会等着，哥哥们，加油！
我的誓言我还记得：Keep to the firth,Hope to the end.
jyj Fighting!!!我们会永远支持哥哥们的
ONLY FOR JYJ
JYJ加油！今后不管道路多长我永远都会作为做为一粒渺小的微尘，存在在JYJ的世界里. 永远..
这两年来你们经历的我都看到了 不论多么辛苦 你们都面对了 我很庆幸我是你们的饭 JYJ 加油！我们等待王者归来 ！！！
在中我永远支持你！
加油！我们永远支持你们！！！
亲爱的。我们会一直等到天荒地老
期待王者们早日归来 再次称霸天下 续写传奇
你们开心就好，努力吧！
东海舞蛟龙
方兴显傲骨
神来韵五洲
起飞梦之台
东方神起 在中 允浩 俊秀 有天 昌珉 仙后 fighting！
我看你们11年 我爱你们11年
还有很多个11年我会继续爱你们
一切都会好起来的
现在希望你们健康开心 有更多更优秀的作品出来
黎明前的黑暗 很快就会过去的 加油
Always keep the faith！
在中啊，要好好走下去~
喜欢有天，希望有天继续为粉丝们贡献好的节目，继续让我们看到你，喜欢你，暗恋你，哈哈哈（脸红ING）
我是外国FAN，不能紧紧跟随你们的身影，不能真真正正站在你们身后。但我们可以等待，无论多久；我们相信，无论你们说什么；我们支持，无论你们做什么！
Always keep the faith! Hope to the end!
Always keep the faith！
hero xiah micky 哥哥们加油！！！！！！！！！！！！！！！！！！！！！！！！
This whole article was an eye opener for me even I thought that the patent rejection was due to the word East. Therefore I was kinda shocked but I also laughed because I read one of the comments that talked about picturing SME’s face when they received the letter. It’s quite ironic!!! The ones who gave them the name can not own it now. Well sometimes life works mysteriously!!
傻瓜们、要照顾好自己、作为一个外国的fans有时候不能第一时间为你们做些什么。但请相信我们一直都在、这还有也许是执着。但是在我们心中依然是五个人、你们没有分开、但其实我们也看到了你们的努力、身为fans的我们。能为你们做的不多。只希望你们能过的开开心心。身体健健康康的。官司能早日结束。这是我们最大的两个愿望。TVXQ fighting！JYJ！fighting！Cassiopeia forever always with you
我们的誓言：Always keep the faith! Hope to the end!
. 还有那句不是你们亲口告诉我们的、我们不信。这几句话我一直信守如今。我们等待王者归来、加油、加油！
要加油哦、我永远支持你们、一直都会在。我们的誓言：Always keep the faith! Hope to the end!
我们等待王者归来、
东方神起加油、JYJ加油！在我的心中你们没有分开、不论经过多少困难我都不会离开、我们的誓言：Always keep the faith! Hope to the end!
我一直都记得、中国fan会一直一直永远BH的支持你们的。一直与你们同在、China cassiopeia 永远与你们同在。允在天秀珉 无论别人怎么说但我相信你们之间的感情、加油、永远支持你们
We’ve all got to remember that jyj are the ones who walked out of tvxq. Infact at one point they described themselves as ex tvxq members on their website. Then they changed their stance when homin were coming back as tvxq and said they would support them but it was sad for the two to be using the name tvxq because they are tvxq as well. They can’t seem to make their minds up about this and many other issues they are invoved in and keep contradicting themselves all the time. While jyj have the right to use the name tvxq they cannot use the name unless it is under sm entertainment. Remember they still have a contract with sm until the lawsuit is decided. The fact they considered using it means they have no right to be unhappy about the fact that yunho and changmin decided to use it. And no, they do not need jyj’s permission to use that name because they are tvxq themselves. When jyj considered using the name did they ask homin about it? I don’t think so. Just because they chose not to use the name does not excuse their behaviour at all. We’ve got to look at this from both sides and not blame everything on sm and homin. Sm is not perfect but they are not as evil as some people have made them out to be. Just as jyj are not completely innocent either. They too have done some things that are shocking to say the least in this whole debacle. Homin are not perfect but have said the least about what is going on. Some fans are happy with that and continue to bash them without any real evidence at all. And I think that is the saddest part of all. None of us know even 10% of what is going on yet some fans are loudest with the least amount of information. None of them are perfect just like you and me and have/can make mistakes.
Hi anonymous,
You are entitled to your opinion on SM and on whether or not it is “evil”. However, please be careful of what you’re saying regarding the law. It is not wise to misrepresent and falsify the law; in the context of a court case, you could stand trial for perjury. This article is by an actual lawyer who has studied and received certification for her understanding of Korean patent law. I would not contradict her if I couldn’t boast the same credentials…
As she states, SM and TVXQ are TWO SEPARATE LEGAL ENTITIES (In legalese, it is known as “the doctrine of legal/artificial personality”). Leaving one does not necessitate leaving the other. JYJ are perfectly correct, legally speaking, when they assert that they have left SM but not TVXQ. Also, Korean law makes it very clear, as also stated by this lawyer, that a third party CANNOT own the names or any other identifying indicator of a famous person. Even if that famous person gives permission to that third party. Even if that third party manages to register a variation of that famous person’s name, such as TVXQ! or TVXQ, the OWNERSHIP of the name lies with the famous person. Registration simply means SM has limited rights to use and make money off those names IF THE FAMOUS PERSON DOESN’T OBJECT. The more the public associates a registered name with the famous people it’s referring to, the more SM’s right to is actually diminishes. This is all clearly enumerated under Article 7 of Korean Patent Code. So, if anything, it is SM that should be hoping that JYJ doesn’t object to them using TVXQ or any of its variations, not the other way around.
一直等着你们五个人再一次在一起的样子
官司的只是浮云，SME再怎么在背后搞都没得用的
在理的是你们，会一直为了你们的权利你们的梦想努力
一切向前看！！！！！！！！加油！！！！
多来中国吧！
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