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Who owns rights to K-pop group names?

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K-pop girl group NewJeans / Courtesy of Ador

K-pop girl group NewJeans / Courtesy of Ador

Trademark disputes expose industry's power dynamics
By Pyo Kyung-min

Trademark disputes over group names have become a recurring issue in the K-pop industry, impacting everything from branding to an artist's independence. The latest focus is on K-pop sensation NewJeans, which is currently involved in legal disputes with its agency, Ador.

The girl band, originally produced by Ador's former CEO Min Hee-jin, launched a new Instagram account (@jeanzforfree) on Sunday amid an ongoing legal battle with Ador. This move has sparked fresh speculation about its future, fueling rumors that the group may operate independently under a new name — "NewJeanz" — following a disputed contract termination with Ador.

The new Instagram account operated by the five NewJeans members — Minji, Hanni, Danielle, Haerin and Hyein — comes roughly two weeks after their surprise press conference on Nov. 28, where the members alleged that Ador and its parent company, HYBE Labels, had violated their exclusive contracts, resulting in the automatic nullification of the agreements and absolving the five of any financial penalties for early termination.

Particularly notable during the conference was the members' acknowledgment that they might lose the right to perform under their current group name, NewJeans. Since the trademark for the name belongs to Ador, the members said they could face restrictions on its use even if they gained independence after contract termination.

"We are not ready to give up on the name NewJeans," the members said during the press conference. "We will work to secure the rights to it."

The members of NewJeans attend a press conference regarding its contract termination at Space Share Samsung Center in Gangnam District, Seoul, Nov. 28. From left are Haerin, Danielle, Minji, Hanni and Hyein. Yonhap

The members of NewJeans attend a press conference regarding its contract termination at Space Share Samsung Center in Gangnam District, Seoul, Nov. 28. From left are Haerin, Danielle, Minji, Hanni and Hyein. Yonhap

In the highly commercialized world of K-pop, agencies commonly register group names as trademarks to prevent unauthorized use. When idol groups leave their agencies, resolving trademark ownership is often a crucial — and contentious — step in preserving their brand identity.

The stakes are high for groups with significant brand recognition, as negotiations over trademark rights may make or break a group's ability to continue under its original name. Ideally, such disputes are settled amicably, but unresolved cases can escalate into lengthy legal battles.

Another example is The Boyz, a 12-member boy group that recently announced their transfer to a new agency, One Hundred Label. The transition was marred by allegations that the group's former agency, IST Entertainment, imposed "unreasonable conditions" for transferring trademark rights.

The dispute surfaced on Dec. 4, when One Hundred issued a public statement accusing IST of demanding excessive conditions for the group name. IST quickly denied the claims, asserting they had already granted the members of The Boyz free rights to use the name and calling reports of unreasonable demands "simply untrue."

Twelve-member boy band The Boyz / Courtesy of One Hundred Label

Twelve-member boy band The Boyz / Courtesy of One Hundred Label

K-pop trademark disputes trace back to the era of first-generation idol groups, a time when there were no precedents regarding group names after contract expiration.

In the early 2000s, K-pop groups such as H.O.T. and Shinhwa faced lengthy legal battles to reclaim their names after parting ways with their former agencies.

Similarly, the members of BEAST, who originally debuted under Cube Entertainment, had to rebrand as Highlight after leaving the agency in 2016. It was not until April this year that they regained the rights to the name BEAST.

Despite the potential for conflict, some groups and agencies have demonstrated smoother outcomes.

In May 2023, boy band INFINITE successfully acquired its trademark from Woollim Entertainment, while GOT7 also negotiated the transfer of its group name from JYP Entertainment. G-Dragon, a member of YG Entertainment's iconic boy band Big Bang, also retained the rights to his stage name, allowing him to continue performing under the same moniker under a new agency.

Pyo Kyung-min pzzang@ktimes.com


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