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Trademark rights with ‘Jun Media’…Court ‘Calculating the profits, Shinhwa has to pay up 100million won (~97,000 USD)”
'Shinhwa's' side has lost in the dispute over 'Shinhwa's' name, and has ended up in a position where they have to pay over a hundred million won worth of “name usage fees”.
It was revealed on the 26th that the Civil Case Department #13 of the Seoul Central District Court (Judge Shim Wooyong) ruled partially in favour of plaintiff Jun Media in their case against Shinhwa’s agency, Shinhwa Company, asking for Shinhwa Company to “pay up 141.13 million won (~ 137,000 USD)." Jun Media was given full rights to the name of ‘Shinhwa’ from SM Entertainment.
On the other hand, the judge had ruled against Shinhwa Company in their case against Jun Media, asking Jun Media for 183.18 million won (~178,355 USD).
The dispute started as early as in 2003, when the contract between SM Entertainment and Shinhwa ended.
SM Entertainment signed a contract with Shinhwa’s new agency, Good EMG, agreeing to give them the rights to use of the name ‘Shinhwa’. Also, after completing the registration for the trademark of ‘Shinhwa’ in 2005, they entrusted it to Jun Media, and handed it over fully to Jun Media the following year.
After that, Shinhwa left Good EMG, independently set up a new agency called ‘Shinhwa Company’, and signed a contract with Jun Media on the use of ‘Shinhwa’s’ trademark in 2011.
However, the following year, Shinhwa asked for Jun Media to “show the documents that prove that you’re the holder the trademark” and with no response from Jun Media, they unilaterally notified them of the cancellation of their contract, and filed a lawsuit asking for “the return of a portion of the profits from the 2012 concert and running of the Japan fan club in accordance to the contract”.
However, Jun Media filed a counter lawsuit, saying, “We hold the rights to the trademark so pay up the portion of the profits from the 2013 concert as per the contract.”
On this, the court ruled for both parties to “Calculate each of your profits to be returned”, as well as, “As Jun Media holds on to the trademark, there is no reason for Shinhwa’s argument that the contract be canceled.”
The Justice Department explained, “Although Jun Media took over the trademark of ‘Shinhwa’ from SM Entertainment in 2006, they didn’t know they had to register for it and belatedly registered it,” adding, “After Jun Media and Shinhwa signed the contract, up till now, there is no problems at all with Shinhwa’s side using the trademark.”
Along with this ruling, the Justice Department also acknowledged that Shinhwa has a duty to pay 327.55 million won (~318,922 USD) to Jun Media, a portion of their earnings from their 2013 concert, and Jun Media has a duty to pay Shinhwa 186.42 million won (~181,509 USD), a portion of the earnings from the 2012 concert as well as from the running of the Japan fan club.
It was ruled, “After calculating the liabilities from both side, there is a difference of 141.13 million won,” and “Shinhwa has to pay 141.13million won to Jun Media.”