H.O.T. Wins Trademark Lawsuit as Supreme Court Makes Final Verdict
The first generation popular idol group, H.O.T. (Moon Hee-joon, Jang Woo-hyuk, Tony Ahn, Kangta, Lee Jae-won) has won their trademark lawsuit as the case culminated at the Supreme Court, favoring the members.
K, who has been claiming the trademark rights to H.O.T., submitted an appeal in January following the dismissal of the first and second appeals in a civil lawsuit filed against SM Entertainment's Salt Innovation for trademark infringement. However, the Supreme Court ultimately decided not to side with K, rejecting the appeal and making the decision final.
On the 18th, the Civil Department 2 of the Supreme Court issued a verdict dismissing the appeal for non-prosecution filed by K on the trademark infringement civil lawsuit. Non-prosecution dismissal refers to rejecting an appeal or re-appeal without a main trial when the claim for the reason for the appeal or re-appeal does not contain a specific reason as prescribed by law.
Previously, on May 21, 2021, the 62nd Civil Department (Conciliation) of the Seoul Central District Court ruled against the plaintiff in a trademark infringement civil lawsuit filed against member Jang Woo-hyuk and Salt Innovation by K, who is known as the trademark owner of H.O.T. This lawsuit attracted attention from fans as K claimed the trademark rights of H.O.T. and alleged infringement. The trial began about 11 months after it was filed in court in December 2018.
K disagreed with the first trial ruling and appealed, but the appellate court also dismissed the appeal after argument on December 14, 2022. However, K submitted an appeal, unable to accept this verdict either.
K claimed trademark infringement when the five members who worked under the name H.O.T. held a solo concert with Salt Innovation under the name H.O.T. When K announced that they would also hold performances in 2018 and 2019 under the name High-five Of Teenagers, not H.O.T., they argued, "This is also a trademark infringement because the trademark H.O.T. is used directly and indirectly," and countered, "The purpose is to prevent trademark infringement of H.O.T."
In connection with this, Jang Woo-hyuk was summoned for investigation on suspicion of violating the Trademark Law by the Criminal Department 6 of the Seoul Central District Prosecutors' Office, but K withdrew the suit against Jang Woo-hyuk in January 2020.
In October 2018, K explained that Jang Woo-hyuk and others used the H.O.T. trademark without permission at the '2018 Forever High-five Of Teenagers' performance held at the Jamsil Olympic Stadium. On the other hand, Salt Innovation confirmed and announced the concert name using the full name 'High-five Of Teenagers' instead of the abbreviation of the team H.O.T. after A raised the issue.
The Patent Court has previously sided with the members, citing the plaintiff's claim in a trademark registration invalidity lawsuit filed by Salt Innovation against K in July 2020. Also, the Seoul Central District Prosecutors' Office concluded that there was no suspicion about the charges of violation of the Trademark Law and the Copyright Law by Jang Woo-hyuk and Salt Innovation.
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