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Q
Is a lawsuit for trademark infringement possible?
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Hello. I am a trainee preparing to debut as an idol group singer at an entertainment company. The company says that, at the same time as my debut, it will register my name and the group name as trademarks. I think this constitutes trademark infringement. If I were to leave the company, would I not be unable to work as a singer under my own name? How should I respond in the event of trademark infringement?
Trademark infringement
Answer to Related Inquiry
Author: 고병준
Hello.
Trademark infringement appears to be a highly sensitive issue in the idol industry.
Entertainment companies, that is, agencies, invest a great deal of time and money to debut their trainees, and in this process they often register the name and the group name as trademarks.
According to Article 34, Paragraph 1, Item 6 of the Trademark Act, in order to register another person's stage name or real name as a trademark, the consent of the party concerned is required.
In reality, however, agencies often obtain consent in advance through the standard exclusive contract for popular culture and arts performers so that they may register trademarks related to the name.
In such a case, the agency's continued ownership of the trademark even after the contract ends may give rise to a trademark infringement issue, so the matter must be approached carefully.
In trademark litigation, the contents of the contract, the agency's contribution, and the trainee's reputation and identity often become the key issues.
Ultimately, because trademark litigation can vary depending on the specific contract terms and circumstances, if you feel anxious about your current situation, it is advisable to consult an attorney specializing in this field and prepare accordingly.
Rather than worrying alone, I recommend that you consult an attorney specializing in this field before agreeing to the terms, so that you can review the contents of the contract in advance.
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