NewJeans’ Trademark Dispute with ADOR Raises Legal and Business Challenges in K-Pop
Trademark disputes have resurfaced in the K-pop industry, as seen in recent controversies involving NewJeans and THE BOYZ. Both groups are entangled 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 escalating 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 trademark issue, “As of midnight, we may be unable to use the name ‘NewJeans,’ even if it’s against our will. To some, this may seem like a simple trademark issue, but for us, it’s deeply personal. We have no intention of giving up the name ‘NewJeans,’ as it embodies everything we’ve achieved since the day we first came together.”
This isn’t the first time NewJeans has mentioned concerns over the trademark. At a recent awards show, the group expressed uncertainty about how long they would remain “NewJeans” but emphasized, “Even if we’re no longer NewJeans, NewJeans will never die.” This statement hinted at their awareness that their name and trademark rights were tied to ADOR, and a separation could leave them unable to use the name legally.
Trademark rights are legally protected, and NewJeans acknowledges that ADOR holds ownership. Using the name “NewJeans” without permission after leaving ADOR could be considered an intentional violation, potentially leading to legal consequences, including fines or imprisonment. Beyond legal risks, continued unauthorized use of the trademark could attract significant public criticism, undermining the group’s reputation.
While trademark rights can be transferred, this typically requires mutual agreement between both parties. The revised standard contract in the K-pop industry allows for such transfers upon contract termination if the agency and the artist reach an agreement. However, with NewJeans and ADOR currently at odds, such an agreement seems unlikely.
The dispute between NewJeans and ADOR also involves conflicting contract interpretations. While NewJeans claims the contract was effectively terminated due to unmet demands, ADOR insists the contract remains valid until July 31, 2029. If unresolved, the case is likely headed for legal arbitration, making it improbable that NewJeans will secure the trademark rights anytime soon.
Past trademark disputes in K-pop offer varied precedents. For example, H.O.T. faced a five-year legal battle over their name, which ultimately ended with the court ruling against the trademark holder. Meanwhile, Shinhwa regained their name after 17 years of legal struggles.
There are also examples of amicable resolutions. GOT7 retained their group name after leaving JYP Entertainment in 2022, thanks to the agency’s willingness to transfer the trademark rights. Infinite and G-Dragon similarly benefited from their agencies’ goodwill, allowing them to retain their trademarks post-contract.
However, these cases share a key commonality: the artists fulfilled their contracts and maintained positive relationships with their agencies. For NewJeans, the situation is starkly different. With nearly five years remaining on their contract and significant investments made by HYBE and ADOR in the group’s development, there’s little incentive for Ador to relinquish the valuable “NewJeans” trademark.
Source: Naver
