A man who holds the rights to H.O.T.’s brand name and logo is suing the group for using it without proper permission.
In an interview with a media outlet last week, the legal representative of the claimant (herein referred to as Mr. Kim) Jang Ji-won explained the reason for the lawsuit. According to Jang, Mr. Kim hold the rights to H.O.T.’s brand and logo. As such, it is within his rights to file a claim against the group should they use them without his consent.
Reportedly, Mr. Kim was part of the H.O.T. management when it was under SM Entertainment. He is also the current trademark holder of H.O.T. Notably, Mr. Kim hinted at filing a lawsuit against the group prior to their reunion concert earlier this year.
He has filed a petition with the Seoul District Court against the group and the concert organizer Salt Innovation to have them desist from using the H.O.T’s brand name and logo in future performances. Moreover, he also filed a criminal complaint with the Seoul Central Prosecutors’ Office to seek punishment for the illegal use of the trademarks.
Jang said that the group failed to discuss their plans and reach an agreement with Mr. Kim. When using trademarks and logos, it is natural to obtain the consent of the trademark holders. However, after discussing with Mr. Kim and failing to reach an agreement, they went ahead and used the trademark in various ways leading up to and during their concert. Given that Mr. Kim holds the rights to the group’s brand name and logo, he can raise issue with its usage legally.
Additionally, it is Mr. Kim’s intention to prevent the use of trademarks and logos not only in this concert but also in future concerts. “In addition to this performance, we should not use unilateral trademarks or logos without an agreement in the upcoming H.O.T. concert,” Jang said. As a trademark, the use of the name must be agreed and paid for by law. “That is why we have filed a lawsuit not only to be compensated for damages but also to ban the use of the product,” the lawyer explained.
In particular, the claimant is paying special attention to H.O.T member Jang Woo-hyuk and Salt Innovation. Jang Woo-hyuk was the only member to participate in planning the concert as well as contacting Mr. Kim to talk about the trademarks. It is suspected that the singer “actively colluded” with Salt Innovations to use the brand name and logo illegally.
Translated by O.C
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