SM’s Red Velvet Runs Into Name Trouble With Indie Band Red Velvet, Agreement Reached

[miyozari.livejournal.com]

Red Velvet, SM’s first new girl group in two years, has hit controversy ahead of the release of their debut single. It turns out Red Velvet is also the name of an indie band based around Hongik University that started performing in 2013.

Ha Hee Soo, a member of the indie band Red Velvet, posted online, “We released a single last year, performed at Hongik University, and we’re currently preparing for our next album. It took us off guard, hearing that there would be a girl group debuting with the same name.” Ha Hee Soo said, “It’s not like SM wouldn’t have searched the name before they decided to use it,” expressing the band’s disappointment. The band’s digital single “The Day After You Left” was listed on the various music sites.

The band member said, “We’re a powerless indie band. If SM’s girl group debuts, our activities and promotions are going to get difficult. We’ve just now gotten our footing, and we have a lot of affection for our name, too. Please help us keep the name Red Velvet.”

Upon confirmation by Dispatch, the band has not gotten their name trademarked, and thus is unable to claim rights to the name. According to patent attorney Hwang Sung Pil, “Even if they are able to apply, if they didn’t do it first, they have no legal claim to the name.”

The only thing left is an ethical perspective. A music industry official said, “SM is a major music agency. They won’t fight with an indie band. This kind of thing happens a lot in the music industry, and [in the past] even if there wasn’t any legal claim, they took an ethical stance and the issues were resolved smoothly.”

Previously, in 2009, 2NE1 ran into the same issue. At the time, the group was supposed to debut as “21.” However, there was a solo artist who debuted in 2005, also called 21 (To Anyone). YG immediately apologized to the artist, and changed the group name. Yang Hyun Suk said, “We kept the name, but changed the way it was written to ‘2NE1.’ We’ll do our best to keep our activities and promotions from overlapping,” effectively resolving the issue.

******

[UPDATE] In a later report by Star News, it was revealed that band member Ha Hee Soo met with a representative from SM Entertainment and agreed on just promoting with the same name. Ha Hee Soo said, “We agreed to not bring up issues related to the use of the name ‘Red Velvet’ again.”

The band member previously said, “If they had searched the name, it would have come up. It seems like they decided on the name pretty late. We would have appreciated it if they had just looked into it and asked us beforehand for our understanding.”

SM also commented on the issue: “We had a meeting with the band Red Velvet and decided to just keep the names as they are. We are now able to continue with Red Velvet’s debut schedule as planned, and we thank the band Red Velvet.”

SM’s Red Velvet is set to hold their debut performance on the August 1 broadcast of KBS‘ “Music Bank.”

Netizens

Pann: SM's new girl group "Red Velvet"

1. [+870, -69] Hello, I'm a member of a band called Red Velvet who released a digital single in 2013 titled "The Day After Break Up". After releasing our single last year, we have been performing around Hongdae while preparing for our next album. I was really surprised to hear that a girl group with the same name as us would be debuting. I doubt that SM didn't check digital sites to see if any other group had the name 'Red Velvet' before naming their group that. We are an indie band with no power and I believe if SM continues with this girl group debut, it will be more difficult for us to continue promoting... We are now only setting our foot forward and we really love our group name. We really hope to promote our team under this name. Please help us.

2. [+206, -23] They all look the same.

3. [+155, -36] I don't think they'll get popular. They're like Ladies Code level? Except Ladies Code has more charms. I'll still look forward to it.

4. [+86, -3] There's already an indie band named Red Velvet. They're a duo group comprised of Kim Yoona and Ha Heesoo... definitely not the same members of SM's new girl group Red Velvet.

5. [+44, -2] Doesn't matter what people think now because it'll only take a bit of time before people are praising them, saying definitely SM.

Follow Up: Red Velvet

Article: "Help us"... original Red Velvet clarifies

Source: TV Report via Nate

1. [+1,301, -44] I've heard cases of different group members sharing the same name but not an actual group name. I doubt SM didn't check up on this before naming their group.

2. [+1,121, -40] It's barely been a full year since that group debuted with that name. SM should just change their name.

3. [+948, -35] SM needs to either buy the rights to the name or change their name

4. [+94, -27] This is SM's fault...

5. [+87, -12] The original Red Velvet doesn't get any promotion out of this. The more famous the SM girl group becomes, the more difficult it will be for the indie duo to promote under that name. In Korea, the more popular one becomes the original and the real thing.

6. [+85, -13] Did they just skip over them because they're indie? If not, SM should change their name.

7. [+47, -9] Isn't Red Velvet the name of a cake...

8. [+43, -14] SM should change their name to Blue Velvet

9. [+40, -4] I bet Red Velvet didn't copright the name... Who would look up a name on a music site first? They'd probably search it up on a copyright list... If they didn't copyright it, they don't own the name..;;;

10. [+40, -4] That album was only searchable on Naver since yesterday. Before then, if you searched Red Velvet, their group name and album never came up.

SM + Red Velvet come to a compromise to use the same name

1. [+1,129, -112] Handled it with money again.. as expected of SM

2. [+865, -99] Let Shinhwa use their name

3. [+712, -85] I expected them to handle it with money ㅋㅋ Well, at least they compensated the band with money.. YG just changed it up a bit and the original 21 name owner got it stolen right in front of him ㅋㅋ

4. [+480, -76] Will a compromise really solve everything

5. [+386, -57] Whatever the case, best of luck to the both of them

6. [+87, -10] That indie band can't say anything else other than "Of course~" to a company as big as SM

7. [+78, -4] Well, they took this opportunity to raise recognition for a band named Red Velvet ㅋㅋ and I looked up their songs and they sounded good so who knows if they do well after this.. ㅋ

8. [+72, -13] Not like the indie band had any right to complain when they didn't register the name either...

source: soompi|naver|netizenbuzz (1, 2, 3)

Comments

[goshipgurl.livejournal.com]

$$$$$$$

[mangotae.livejournal.com]

Did anyone really think that SM was going to change their name for some unknown indie band? Come on now, we know better than that, we know SM better than that.

[itsnvrcldinhell.livejournal.com]

why do they look so surprised?

[x-undercover-x.livejournal.com]

It happened to One Direction too, the American punk group One Direction asked for $1m and lost against Syco under claims that US One Direction were looking to cash in on UK 1D's success. Then they changed their name.

Red Velvet The Band wouldn't have won anyway.

[yakuniku-8.livejournal.com]

yeah I remember this case. it happens everywhere

[digitalqueen.livejournal.com]

well they didnt trademark it and sm did and now are also allowing them to keep promoting with the same name, plus they probably paid them too.

so i guess it all ended well for everybody.

[kyokomurasaki.livejournal.com]

Beat me to it, OP!

This is indie Red Velvet's song that was mentioned in the article; it's actually pretty good:


It's shitty that they're using their name since they had it first, but SM did technically have every right to claim it since it wasn't trademarked. Tons of bands have been running into this problem for a long time, and a copyright is pretty much the only thing you can do to keep someone else from stealing your name.

[undeniablysarah.livejournal.com]

Wow I am loving this song. Maybe I will end up a stan of this red velvet lol.

[kyokomurasaki.livejournal.com]

Yeah, they're already buried on Youtube but they've only got the one video as far as I can tell. Plus it doesn't help that they're named after a cake.

[happydirections.livejournal.com]

oh, it's a lovely song!

[love-quake.livejournal.com]

Ohhh, the song is good!

[bunica1990.livejournal.com]

The song is really nice. They should use that $M money to get a new name, trademark it, and relaunch the song.

[love-keiko.livejournal.com]

oop this song is great! well damn that sucks for them...

[vermicelli-rice.livejournal.com]

Good track. Bought it on iTunes yesterday after I searched them up due to all the articles about their name clash. Well this incident might have been some blessing in disguise? At least the public has heard of them now.

[boiinks2.livejournal.com]

ooooh I like this. Thanks for posting it.

Going to buy the single just to support the group (it's only like $0.99 anyways)

[nightfrost75.livejournal.com]

This is so good. I hope (SM) Red Velvet can come out with a song as likable as this

[polesandskis.livejournal.com]

LOL, this might actually be one of the better things to happen to this band. Get that media play, indie band!

[xoshio.livejournal.com]

Ha Hee Soo said, “We agreed to not bring up issues related to the use of the name ‘Red Velvet’ again.”

shittt HA

[hellodee16.livejournal.com]

Welp, there you go lol.

[mlmello.livejournal.com]

"red velvet" it's a pretty common expression to begin with.
both band and sm could be more creative or unique (i just love f(x) as a kpop name, even if it's just a math function).

[ababobaby.livejournal.com]

that response

looool

[hipployta.livejournal.com]

Since they paid them they might as well change the name and copyright it

[bunica1990.livejournal.com]

mte

[kittyboo17.livejournal.com]

I smell $$$$ and some SM influence

[luvey.livejournal.com]

“If they had searched the name, it would have come up. It seems like they decided on the name pretty late. We would have appreciated it if they had just looked into it and asked us beforehand for our understanding.”

another clue that SM's debut for the group was maybe pushed ahead quicker than they (SM) originally wanted.

and

another way SM, the larger more powerful, can solve things with money. i find this quote very telling and interesting:

Ha Hee Soo said, “We agreed to not bring up issues related to the use of the name ‘Red Velvet’ again

[bunica1990.livejournal.com]

mte

Hopefully they can use that money to trademark a new group name.

[bunica1990.livejournal.com]

ME$$

[princetabi.livejournal.com]

I wonder what kind of threats or how much money SM gave them. This group should have just asked SM to sign them under their indie label (I think they have one right?)

[littlefox12.livejournal.com]

It surprises me that SM supposedly decided on the name red velvet so late. The exo youtube channels were created years before they actually debuted; I would have expected SM to have trademarked RV's names years in advance as well. Then again, everybody's been saying this is a rushed debut.

[mintchoc.livejournal.com]

exo's billion teasers and the planning that had to go into the whole concept of two (mirrored) halves of one whole probably = a crapload of planning. in comparison, a simple four member girl group must have seemed easier = didn't pick out the name 5 years in advance? f(x) was supposed to have a repackage album and promote for a loooooooong time, too, so i wonder how many months this debut was pushed up :(.

[gathyou.livejournal.com]

Lol they must have get a big amont of money. I hope they'll change their name, communicate on it to bring attention on the new name, trademark it, and slay. Also money can help buying instruments, setting up concerts... It's not a win-win situation, SM obviously won, but the Red Velvet Band doesn't end up with nothing, at least?

[toshi830.livejournal.com]

if sm didn't give a fuck for mr.mr I don't think they'll give a fuck here

[asnindie.livejournal.com]

SM would have just ignored this if it wasn't the fact that this group is starting with negative feelings.

[parkjsun.livejournal.com]

All SM groups start with negative feelings.

[tsuyoi-hikari.livejournal.com]

EXO too?

[parkjsun.livejournal.com]

Definitely. Of course they had a big fanbase but they had just as much, if not more, hate. EXO didn't get big until Growl. When MAMA came out everyone were calling them flops. I remember there being interviews with "industry professionals" on why EXO was flopping.

[tsuyoi-hikari.livejournal.com]

Ohh I thought when you mean negative, it is due to negative things that happen prior to their debut like it was to cover some issue like how people said f(x)'s debut is to cover SuJu's mess.

[parkjsun.livejournal.com]

Well ELFs were pissed because they though that SM made EXO to replace SuJu. Similar to how f(x) fans are pissed about Red Velvet. But no, I don't think EXO's debut was to cover an issue up. I just meant that in general, there's always a lot of negativity surrounding SM debuts within the Korean general public and most Kpop stans alike. Just look at the amount of downvotes EXO's debut teasers got (though I'm sure they've probably gone up now that they have more fans).

[tsuyoi-hikari.livejournal.com]

Yes yes you are right about the negative feelings. But during when SHINee debuted, I only remember everyone being excited with it. Is SHINee also included here?

[parkjsun.livejournal.com]

I don't think so. SHINee hate was pretty low. Again, only some Cassie's thinking SHINee was meant to overtake DBSK but that was only a small minority. It helps that they literally debuted a week after they were announced with one of the best debut songs in Kpop history lol. But I'm only talking about the international fandom. From what I heard from Korean friends at the time, there was negativity from the Korean general public.

[kamoku-ayame.livejournal.com]

From what I remember shinee got a lot of hate for the dumbest things which made me laugh. Besides the dbsk thing, people were bashing them because they wore colored skinny jeans and said they were copying big bang

[fullmoon-secret.livejournal.com]

the indie group probably got more than they bargained for since the name is not something super unique to begin with.
my underdog instinct didn't kick in for this one tbh

[amandaplan.livejournal.com]

but they didn't even trademark it? sucks for them then. sm is going to snag that name asap now.

[magicpineapple.livejournal.com]

money talks

[nightfrost75.livejournal.com]

A big check was written.
I hope original red velvet will be able to use that money and the spotlight to get some recognition cause they sound pretty good.
Might I suggest they call themselves "the red velvet"?

btw, it's so odd how rushed this whole thing has been. SME is like the kings of planing and carefully thought out activities. I guess Dating Generation and Sulli made them panic for a new girl group.

[cherrypop.livejournal.com]

Hi, my name is Red Velvet. You've eaten me and seen me in cakes. And I'm appalled that no one asked for the use of my name first.

[hitsujiga.livejournal.com]

i wonder if they rly got money tho lol. sm is so influential..do u think they spend cash on some indie nugu? but yh they should've listened to their music and promoted them to their indie label. probably gain for both of em..

i have a suggestion for the band: how about Re:Vel? 8) be rebels guys! and actually trademark it!