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“Since the end of last year, Kim Kyung Wook, a former head of SM who is the owner of the HOT TMs began preparing a lawsuit against the trademark infringement in connection with HOT’s September concert. HOT’s 1st full-length concert in 17 years in October last year gathered 100,000 fans. Tickets sold out in 7 mins.
"According to multiple performance officials, the members of HOT signed a contract with performance agency last year for a total of $5 mil to hold 2 performances in 2 years.
"Prior to their 1st concert last year, member Jang Woo Hyuk asked Kim(owner of TMs) to meet with Salt(comp HOT signed for concerts). Kim said to Salt, "If it’s for the fans then perform for free and we will not ask for royalties.” However, "If concerts are for purpose of making profit, please pay the royalties.”
"The two sides failed to reach an agreement. After Kim confirmed H.O.T. members had a guarantee of $5 mil, Kim reportedly argued that it was problematic for trademark owner to exercise his legitimate rights. Some members of the H.O.T. suggested that Kim should get royalties, but some members of the group also disagreed.
"While all tickets for the 2nd concert were sold out on July 2, Kim's legal representative began preparing for Trademark infringement lawsuit. In a telephone conversation, Kim's lawyer said, "We are checking data and the situation prior to the lawsuit against Trademark infringement. It may be hard to ban the performance itself, but it should be reviewed. We will check whether Kim's rights are violated in ticket sales and merch, posters for performances and publicity," he said.
"Meanwhile, HOT’s performance agency Salt Ent filed a petition to the Patent Tribunal for the nullification of H.O.T.'s Trademark registration. But on April 19, all four requests for the nullification of the HOT Trademark were rejected. In addition, Salt requested the cancellation of HOT registration service ticket, but one case was rejected and one was cited.
"Mr. Kim, at the end of last year filed a complaint to Seoul District Court for HOT performance revenues, future performances, logo and anything related to breach of TM infringement. To prohibit any HOT related TMs and also for punitive damages (monetary compensation). He also filed a criminal complaint w the Seoul Central District Prosecutors' Office, expressing his intention to punish for any use of trademark and logo without his permission. This civil and criminal case is still under way.”
Original article: here
Trans source: here
"According to multiple performance officials, the members of HOT signed a contract with performance agency last year for a total of $5 mil to hold 2 performances in 2 years.
"Prior to their 1st concert last year, member Jang Woo Hyuk asked Kim(owner of TMs) to meet with Salt(comp HOT signed for concerts). Kim said to Salt, "If it’s for the fans then perform for free and we will not ask for royalties.” However, "If concerts are for purpose of making profit, please pay the royalties.”
"The two sides failed to reach an agreement. After Kim confirmed H.O.T. members had a guarantee of $5 mil, Kim reportedly argued that it was problematic for trademark owner to exercise his legitimate rights. Some members of the H.O.T. suggested that Kim should get royalties, but some members of the group also disagreed.
"While all tickets for the 2nd concert were sold out on July 2, Kim's legal representative began preparing for Trademark infringement lawsuit. In a telephone conversation, Kim's lawyer said, "We are checking data and the situation prior to the lawsuit against Trademark infringement. It may be hard to ban the performance itself, but it should be reviewed. We will check whether Kim's rights are violated in ticket sales and merch, posters for performances and publicity," he said.
"Meanwhile, HOT’s performance agency Salt Ent filed a petition to the Patent Tribunal for the nullification of H.O.T.'s Trademark registration. But on April 19, all four requests for the nullification of the HOT Trademark were rejected. In addition, Salt requested the cancellation of HOT registration service ticket, but one case was rejected and one was cited.
"Mr. Kim, at the end of last year filed a complaint to Seoul District Court for HOT performance revenues, future performances, logo and anything related to breach of TM infringement. To prohibit any HOT related TMs and also for punitive damages (monetary compensation). He also filed a criminal complaint w the Seoul Central District Prosecutors' Office, expressing his intention to punish for any use of trademark and logo without his permission. This civil and criminal case is still under way.”
Original article: here
Trans source: here