Boy group BTOB parts ways with Cube Entertainment after 11 years, but there’s still uncertainty regarding the ownership of the group’s trademark. The focus is now on who will ultimately own the name “BTOB”
Cube Entertainment recently announced that they wouldn’t be renewing their contract with BTOB, stating that discussions about the trademark rights are still ongoing. However, they didn’t provide details about the progress of these discussions.
This situation has raised concerns that BTOB might follow in the footsteps of BEAST, who were unable to use their original name after leaving Cube Entertainment. In 2017, Cube Entertainment registered the trademark rights for the name “BEAST” both domestically and internationally, leading the members to debut under the new name “Highlight” with their new agency.
This issue isn’t unique to BTOB; trademark disputes surrounding idol groups have been ongoing since the early generation of K-pop. For example, SHINHWA had a prolonged legal battle with Jun Media over the trademark rights for their group name, which they eventually won. Brave Girls recently changed their group name to “BB Girls” as they couldn’t use the name “Brave Girls” due to a trademark dispute with their former agency Brave Entertainment.
While some groups like INFINITE and GOT7 had their trademark rights transferred without issues, conflicts and legal disputes often arise, especially for groups with a high level of brand recognition. A group’s name can be a brand in itself, used in various products, merchandise and services, making it a significant source of revenue.
In the K-pop industry, it’s common for agencies to initially own the trademark rights, and it’s also typical for the standard contracts to state that these rights can be transferred to the artists after the contract period ends. However, the extent of the agencies’ contribution to the development of the trademarks and the potential demand for compensation from the artists can lead to legal disputes.
Legal experts have noted that each case is unique, and specific circumstances are evaluated individually. This means that the outcome of discussions over trademark rights can vary widely and may lead to legal disputes.
In recent years, the influence of fandoms has grown significantly, making it challenging for agencies to ignore their opinions. Agencies also have to consider their long-term relationships with artists, as they continue to debut new artists. This may explain why Cube Entertainment’s stance on BTOB’s trademark rights is more positive this time, potentially reflecting lessons learned from the BEAST case.
Source: Daum
