Huge Hit Leisure Wins Case In opposition to Gross sales Of Unauthorized BTS Picture Books And Merchandise

The courtroom has dominated in favor of Huge Hit Leisure in a case with an uncommon final result in Korea amongst instances about “publicity rights” for the industrial use of names and faces of celebrities.

On October 17, the Seoul District Court docket decided on Huge Hit’s injunction in opposition to firm “I” relating to a e book publication ban. The courtroom said, “You have to cease manufacturing and sale in the event you don’t take away the BTS brand and members’ pictures. The tremendous for violating this can be to pay 20 million received (roughly $17,000) a day to Huge Hit.”

Firm “I” produced packages comprised of things similar to BTS photograph books, posters, necklaces, and earrings and offered them overseas at a excessive worth of 400,000 received (roughly $339) with out Huge Hit’s permission. Together with the utilization of BTS’s brand and pictures, “I” misled shoppers with ads by saying, “We secured the rights to unreleased press pictures by way of an official contract” and “We are going to donate part of the income in BTS’s title.”

Huge Hit said, “They engaged in an act of unfair competitors that violates BTS’s trademark rights, made them mistakable as official merchandise, and broken our repute.”

Firm “I” refuted, “The BTS brand was used to elucidate the associated article with no risk of confusion. This isn’t an act of unfair competitors since BTS’s brand will not be extensively generally known as a product brand throughout Korea.”

The courtroom said, “The act of promoting packages utilizing BTS’s title and a lot of pictures with out permission is taken into account an act of unfair competitors underneath the Unfair Competitors Prevention Act. BTS has important recognition at dwelling and overseas, has recorded No. 1 on home and worldwide music charts, and achieved 100 million views on YouTube. The shopper attraction in the direction of BTS’s title and portrait in relation to product gross sales was created because of appreciable funding and energy. Thus, BTS members have financial advantages that are price legally defending relating to industrial use.”

The courtroom, nevertheless, didn’t settle for Huge Hit’s claims that it was an issue to make use of the stage names and actual names of the BTS members, in addition to RM’s United Nations speech.

In Could, the courtroom accepted an injunction that banned publication of an leisure journal stuffed with pictures and articles about BTS after citing a violation of the Unfair Competitors Prevention Act. Lawyer Hwang Eun Jung of regulation agency E-An defined, “Till final 12 months, solely three out of 51 instances had been accepted by the Seoul District Court docket as ‘unauthorized use of one other individual’s success’ underneath the Unfair Competitors Act. This ruling was nearly equal to acknowledging publicity rights.”

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