omonatheydid | Shinhwa Loses Rights to Name 'SHINHWA'?

‘Shinhwa’ loses in dispute over group name ‘Shinhwa’

Trademark rights with ‘Jun Media’…Court ‘Calculating the profits, Shinhwa has to pay up 100million won (~97,000 USD)”

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'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.”

Netizen Comments:

1. [+16759, -939] Just let them use "Shinhwa", they're so mean

2. [+14756, -804] What nonsense is this... Shinhwa is Shinhwa's

3. [+9684, -422] Shinhwa, do well~~

4. [+8574, -378] What is this??????

5. [+6295, -1647] Shinhwa definitely has to pay them... This shows how scary the copyrights are, make sure you review your contracts !!!

6. [+1575, -86] This is why Shinhwa is amazing. Normal groups would give up in situations like this and they would just promote individually. Keeping a group as a whole costs so much money

[News] Shinhwa rep, “Partial lose, intend to appeal…no problems for Shinhwa’s activities”
On the 26th, Shinhwa Company revealed their stance on the partial loss they received over the dispute with Jun Media on Shinhwa’s trademark, saying: “We will appeal.”
On this day, a representative of Shinhwa Company revealed this to OSEN, saying, “Shinhwa Company was successful on one part, and lost on one part. We will be appealing on the part that we have lost, and there is totally no problem on using the name Shinhwa for future activities.”
This representative also explained, “Because the original trademark holder SM completely gave up the trademark to Open World, now known as Jun Media, so it was a case we started knowing that Shinhwa would not have been able to get the trademark over. This was not a case to win the trademark but a case to determine whether there was any violation of contract and the right or wrong between Shinhwa Company and Jun Media in the usage of the trademark.”
Hence, it can be seen that the issue in the appeal will be where does the scope of the trademark held by Jun Media extend to.

Shinhwa’s Kim Dong Wan to Star in New Short Film “Empty Dream” and Musical “Hedwig”



Shinhwa member Kim Dong Wan will be making his return to acting through an upcoming short film “Empty Dream” (working title), as well as the musical “Hedwig.”
Director Jo Sung Kyu, who directed the movie “Santa Barbara,” starring Lee Sang Yoon and Yoon Jin Seo, will also be taking charge of this new short film. In the storyline, Kim Dong Wan will be playing the role of a rock festival staff member who longs to become a singer, but is unable to achieve his dream. Also confirmed to star alongside the Shinhwa member are actors Choi Phillip and Shin Ji Hoon.
It has been more than two years since Kim Dong Wan has made an appearance on the big screen with “Deranged” in 2012. “Empty Dream” is scheduled to premiere in the summer of next year.
Kim Dong Wan has also confirmed that he will be appearing in “Hedwig”—the musical with which he had first made his debut into the world of musicals, back in 2011. Starting in mid-August, he will be taking on the lead role of transgender rocker Hedwig once again.
Until now, the Shinhwa member had been overseas in Canada to study language after successfully wrapping up Shinhwa’s 16^th debut anniversary concert this past March.
In other related news, Shinhwa is currently preparing for a group comeback in January of next year. Eric is filming for KBS2s new Mon/Tue drama "Discovery of Romance", while Minwoo is busy with Dancing9 and Hyesung has been DJing on Once Again Radio.