H.O.T, the "originator of the Korean Wave" who once held sway all over Asia, certainly never imagined that when five people get together again one day and want to have a name, they will get into a lawsuit.

on July 2nd, "219 High-Five of Teenagers" H.O.T. The first round of 219 Concert was invoiced, and 66, tickets were sold out in 7 minutes.

however, on the day when the concert was invoiced, Korean media reported that Jin Jingxu, the owner of the trademark "H.O.T" and the former representative of SM Entertainment, the former brokerage company of the group, would apply to the court to ban the "219 High-five Of Teenagers" concert.

This is not the first time that Jin Jingxu has brought this lawsuit to the court. Last year, H.O.T also launched a combined concert. At that time, it was because of the failure to get the authorization of Jin Jingxu that the concert was forced to temporarily change its name to "High-five Of Teenagers".

Even so, the organizer and Zhang Youhe, a former H.O.T member who planned the live concert, were still sued by Jin Jingxu after the concert. The reason is that they used a lot of the name and logo of "H.O.T" during the promotion of the concert, which violated the trademark rights.

as things stand, this year's concert will still be held as scheduled. But even with such a hot achievement, the unspeakable letter "H.O.T" is still a knot in one's heart around "the originator of Korean Wave".

In South Korea, this kind of dispute between a group member and the company after the termination of the contract has never been a case.

After TVXQ!'s former members park yoo-chun, Kim Jae Jung and Kim Junsu left SM Entertainment, JYJ； was established. Yoon Du Jun, Yong Jun Hyung, Liang Yaoxie, Li Qiguang and Sun Dongyun, members of BEAST, canceled their contracts with CUBE Entertainment and set up another group, HIGHLIGHT. CUBE Entertainment even issued an official position, and decided to reorganize BEAST with the only remaining member, Jang Hyun Seung, leading two newcomers, but Jang Hyun Seung himself denied it, so the reorganization went away.

actually, in this case, the combination is another option to keep your name. Professor Sun Guorui, a professor at Beijing University of Aeronautics and Astronautics Law School and president of Beijing Intellectual Property Research Association, told Music Business that spending money can solve the problem if both parties reach an agreement. Both parties can transfer trademarks through contracts.

for example, the myth of "longevity combination" in Korea (? /Shinhwa) After the termination of the contract with SM Entertainment, it was the members of the combination who decided to buy the trademark right of the combination name, and the "myth" of the combination continued.

there are many such problems in China. Last year, it broke out that the contract between S.H.E and Huayan International expired, and the news that members could no longer use the group name without the company's permission came out immediately. Many fans can't accept that the women's group that accompanied them in their youth can't continue or even dissolve.

In addition to the combination trademarks lost by members of domestic and foreign groups due to the termination of their contracts with brokerage companies, there are not a few cases in which artists' stage names are registered by companies or their real names are registered by unknown brands.

Last year, G.E.M. broke off the contract with Hummingbird Music, and the news that the stage name "G.E.M." and the English name "G.E.M." were registered by the company made a lot of noise. The netizens who care about this matter all voiced that the practice of the brokerage company is "too inhuman", and the conclusion that whether Deng Shiying can continue to use the stage name "G.E.M." also left a question mark in everyone's mind.

Music Finance (ID： musicbusiness) learned from the website information of China Trademark Network that "G.E.M." and its English name "G.E.M." have been registered with 24 trademarks by companies including its brokerage companies. The types of trademarks include fitness equipment, clothing, shoes and hats, education and entertainment.

in fact, for brokerage companies, the most important purpose of registering trademarks for artists is to effectively protect the economic benefits arising from business activities and the intellectual property rights of the company and artists in an environment with high exposure of artists.

judging from the mechanism of trademark registration, registered trademarks need to be applied as business entities. Although individual artists can also register their own names as trademarks, it is a fact that needs to be weighed if they want to hold the trademarks in their own hands. Lawyer Zhao Zhigong, a lawyer in the cultural and entertainment industry, explained to Music Business:

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At present, almost all the trademarks of contracted artists are in the hands of the company. If you don't give it to the company, the company will not be willing to promote you. This is a balance of interests.

In addition, many artists now choose to open their own studios, so that all the rights can be in their own hands.

if you want to deal with the interests of artists and companies in trademark rights, whether it is through legal channels or in the form of contracts, it is a problem that the industry needs to optimize and solve together. Of course, the best way is for artists and companies to sit down and coordinate.

The following are exclusive interviews conducted by Music Finance (ID: Music Business) with Sun Guorui, a professor at Beijing University of Aeronautics and Astronautics Law School and president of Beijing Intellectual Property Research Association, and Zhao Zhigong, a lawyer in the cultural and entertainment industry:

Music Finance (ID: Music Business): Why are such registered names and trademarks happening one after another?

sun guorui: although it is said that natural persons can also register, according to the departmental regulations of the state administration for industry and commerce, the trademark office must have a business entity to register a trademark. If the company registers with a name that is obviously the name of a natural person, it is also unnecessary for me to be present. Whether it is a person's name or not, according to the application documents, as long as it does not conflict with the existing trademarks on similar goods. Legally speaking, there are no obstacles.

The names of many famous sports and entertainment stars in China, such as Yao Ming and Yi Jianlian, have been registered. The most famous case is the case of Jordan in the previous two years, which has been hitting the Supreme Court. The Supreme Court's decision did not fully support Jordan's claim in the United States, but only partially supported it. If it happens to be registered and used in sporting goods in China, it is obviously a celebrity's light, which belongs to "hitchhiking" behavior.

Zhao Zhigong: First of all, there are two legal systems. One is the intellectual property law system where trademark rights and trademark law are located; Another civil legal system where the right to name lies. These are two completely separate and parallel legal systems.

This kind of situation is common in China, not only for artists, but also for all walks of life. Many of these registered companies exist in some coastal cities in China, and to some extent, they have also formed an industry.

Although it is called cybersquatting, it can't be said that they must be malicious and wrong. In fact, they are engaged in a business with a certain speculative nature by using their own knowledge of the law and relying on their own business prediction under the law.

In a music company, there is a situation where artists use their real names as stage names to perform activities. At this time, the artist's name right and trademark overlap, and the brokerage company has the right to register the artist's name as a trademark from the perspective of business cooperation.

The artist is the "asset" of the company, and the company must ensure that the artist's name is a unique and exclusive product, and it is a trademark that will not be infringed and counterfeited by others.

The business cooperation between artists and brokerage companies will sign a specific artist brokerage agreement. In this case, if the brokerage company wants to register a trademark, the Trademark Office will give it a great chance, because they are interested, which is not cybersquatting. Snatching refers to a person who has nothing to do with an artist to register his name as a trademark. Of course, if he can prove that he has a certain connection with this name, he can register if he has not received any objection in the preliminary announcement stage.

Take G.E.M. as an example. Her former brokerage company has spent a lot of energy to package and promote her. The name "G.E.M." is very popular. The company must protect this name from being stolen, otherwise the company's rights will certainly be lost. Therefore, the company should ensure that it is the only owner who can use the trademark.

music finance (id: music business): can artists register their own trademarks without going through the company?

sun guorui: as long as I can prove the existence of an operating entity. When you register, the Trademark Office will see if you have any business behavior or business entity. If you want to register a trademark without any business behavior, the Trademark Office will not pass it from the specific observation.

Zhao Zhigong: An artist can register his name as a trademark. If you have your own studio, I totally recommend that artists register their names as trademarks. But if he is a contract artist of the company, the company will help him complete this matter. Even if he registered his name, the company would ask him to transfer it to the company name for the purpose of brokerage and business cooperation. At present, almost all the trademarks of contracted artists are in the hands of the company. If you don't give it to the company, the company will not be willing to promote you. This is a balance of interests.

music finance (id: music business): so for the stars, should they take precautions and choose to register their names and trademarks voluntarily?

sun guorui: this is one way. At least it proves that the artist has a strong awareness of intellectual property rights. His own fame has a certain influence on society, and people will directly associate him with his name. This correspondence has been established. At this time, artists have some rights. Name is not only a personal right, but also a property right.

music finance (id: music business): if there is a registered name and trademark, can it effectively protect rights?

Sun Guorui: An artist can exercise his right to name, and sue other people's trademarks for infringing his prior rights. This is legally no problem. Including the stage name is also included in the right to name. Generally speaking, after an artist becomes famous, everyone knows more about his stage name, which has overshadowed his officially registered name and has formed a close correspondence with this person.

but if he doesn't claim rights, the company has registered his name as a trademark. Normally, trademark rights and name rights are not in conflict.

For example, if G.E.M. does not claim rights, the original brokerage company can still continue to use the trademark. After all, G.E.M. signed a contract with the company. When the trademark was originally registered, G.E.M. did not raise any objection, nor did he make an invalid request to the Trademark Office. Normally, it was peaceful.

Zhao Zhigong: First of all, the process of trademark registration is divided into several stages: the first stage is formal examination, and the second stage is called substantive examination.

the third stage is the announcement of preliminary examination. If it is found that the trademark is registered in the preliminary announcement stage, it is a procedure to raise trademark objections. If the objection is passed, the trademark cannot be registered. However, if it is found late and the trademark has been registered, you can also apply for the process of declaring the trademark invalid, and the registered trademark will be invalidated through the trademark invalidation and corresponding litigation procedures.

In addition, G.E.M. can use the legal system of civil law to protect its rights and interests. If I were his lawyer, I suggest changing my real name to G.E.M., so that he can use it indefinitely. He can go to the corresponding household registration office and change his name to "G.E.M.", so he can continue to use this name. Continue to use G.E.M., using not G.E.M.'s trademark, but your own name, jumping out of the trademark law, and protecting your name right from the perspective of civil law.

of course, the above is only the most abstract situation in theory, and there are many complicated factors in reality.

if you don't change your name, there is another way, that is, negotiate with the economic company to obtain the authorization of the trademark; Or buy the trademark and get the transfer of the trademark.

music finance (id: music business): can G.E.M. continue to use this name after she terminates her contract with the company?

Sun Guorui: The name "G.E.M." has created a greater reputation for herself, won a higher reputation, and made her a certain amount of economic income, and the brokerage company has also made considerable income. Reasonably speaking, the original brokerage company can continue to use the trademark of G.E.M., and G.E.M. can also continue to use this name, and the two should live in peace.

music finance (id: music business): in the case of H.O.T., did the former brokerage company recycle the trademark after the executive left?

sun guorui: if both parties transfer this trademark through contract, there is no legal problem. Brokerage companies can also buy them, and so can these artists.

Zhao Zhigong: The company can buy it back. But if the other party does not agree, coercion does not exist. Trademark law is different from patent law. There is no compulsory purchase of trademarks or compulsory license in trademark law, and both parties' subjective wishes are respected in transfer and license. The company can only negotiate with the other party. If the other party doesn't agree, there is no way but to change its name.

music finance (id: music business): does the brokerage company have the right to give the artist's stage name or combination name to other newcomers?

sun guorui: according to the law against unfair competition, business operators are not allowed to engage in such confusing behaviors. For example, using the names of other companies, using other people's names, makes people feel that the goods they operate are related to someone or a company.

If the original brokerage company lets another singer sing under G.E.M.'s name, it is unfair competition behavior of the brokerage company according to the Anti-Unfair Competition Law. For consumers, the rights and interests of consumers have also been damaged, which is equivalent to a kind of deception to consumers.

Zhao Zhigong: Through understanding the strong position of the brokerage company and the professional brokerage contract, I think the company has full rights. The company has the trademark right, and he has the right to change the contents into any artist. But whether fans buy it or not is a market problem.

music finance (id: music business): after the artist terminates the contract with the company, the songs previously released under the stage name or combination name can be sung again.