There's only one Girls' Generation, court rules - The Korea Times

There's only one Girls' Generation, court rules

image

/Courtesy of SM Entertainment

The name “Girls’ Generation” can only be used by the girl band.

The Supreme Court overturned a lower court’s decision Tuesday and ruled that the trademark right of Girls’ Generation belongs to SM Entertainment.

The management company registered the trademark when it introduced the band in 2007, to use the name on the band’s albums, sound sources and videos.

A business operator, identified as Kim, also registered the name “Girls’ Generation,” claiming he wanted to use it for clothes, toys and food products, 10 days later.

SM filed a complaint with the Intellectual Property Trial and Appeal Board in December 2011 against Kim to invalidate the registration.

When the board found in favor of SM and made Kim’s registration invalid in August 2012, Kim filed a lawsuit against SM with the Patent Court of Korea. The Patent Court ruled partially in favor of Kim, saying consumers would not confuse Kim’s products, mostly clothes and toys, with the girl band.

But the Supreme Court overturned this decision because of the high level of brand awareness of the girl band. Since the group debuted in 2007, it has had a high profile and customers could misunderstand the relationship between Kim’s products and the band, the court said.

Bahk Eun-ji

Bahk Eun-ji has been with The Korea Times since 2012, building a career across multiple desks. She began at the Business Desk, where she conducted in-depth interviews with key figures in Korea's corporate world. Later, she moved to the Politics & City Desk, focusing on education policy and social affairs. She later served as team leader of the digital content team, leading curation efforts on the newspaper’s homepage and reshaping print stories for social media audiences to enhance digital reach. Now back on the Politics Desk, she covers the National Assembly and the Ministry of National Defense, with a renewed focus on political developments.

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