Trademark disputes have resurfaced in the K-pop industry, as seen in the recent controversies involving NewJeans and THE BOYZ. Both groups are embroiled in disagreements over the use of their names following conflicts with their respective agencies.
In the case of NewJeans, tensions between their former agency, ADOR, and its parent company HYBE have been rising since April. On November 28, the group held a press conference, announcing that their exclusive contract with Ador would be terminated at midnight on November 29. However, the legality of this claim is uncertain and subject to future court rulings.
During the press conference, member Hyein addressed the issue of trademarks: “As of midnight, we may no longer be able to use the name “NewJeans”, even if against our will. To some, this may seem like a simple branding issue, but to us, it’s deeply personal. We have no intention of giving up the name ‘NewJeans,’ as it embodies everything we have achieved since the day we first came together.”
This isn’t the first time NewJeans has mentioned brand concerns. At a recent awards show, the group expressed uncertainty about how long they would remain “NewJeans,” but stressed: “Even if we are no longer NewJeans, NewJeans will never die.” This statement implied that they were aware that their name and trademark rights were tied to ADOR and that a separation could prevent them from legally using the name.
Trademark rights are legally protected and NewJeans acknowledges that ADOR holds ownership. Using the name “NewJeans” without permission after leaving ADOR may be considered willful infringement, which could lead to legal consequences, including fines or imprisonment. Beyond the legal risks, continued unauthorized use of the trademark could attract significant criticism from the public, undermining the group’s reputation.
While trademark rights can be transferred, this typically requires a mutual agreement between both parties. The revised standard contract in the K-pop industry allows such transfers upon termination of the contract if the agency and the artist reach an agreement. However, with NewJeans and ADOR currently at odds, such a deal seems unlikely.
The dispute between NewJeans and ADOR also involves conflicting contractual interpretations. While NewJeans claims that the contract was effectively terminated due to unmet claims, ADOR insists that the contract remains valid until July 31, 2029. If unresolved, the case will likely be headed to legal arbitration, making it unlikely that NewJeans will secure the trademark rights in a short time.
Past trademark disputes in K-pop offer various precedents. For example, HOT faced a five-year legal battle over its name, which ultimately ended in a court ruling against the trademark owner. Meanwhile, Shinhwa has regained its name after 17 years of legal struggles.
There are also examples of amicable resolutions. GOT7 retained the group name after leaving JYP Entertainment in 2022, thanks to the agency’s willingness to transfer the rights to the brand. Infinite and G-Dragon similarly benefited from the goodwill of their agencies, allowing them to maintain their brands post-contract.
However, these cases share a key common point: the artists fulfilled their contracts and maintained positive relationships with their agencies. For NewJeans the situation is markedly different. With nearly five years remaining on the contract and significant investments made by HYBE and ADOR in the group’s development, Ador has little incentive to give up the valuable “NewJeans” brand.
Source: Naver
