Korean trademark law - “Girls’ Generation”
Facts:
“Girls’ Generation” is an all female Korean singing band owned by S.M. Entertainment (the “Agency”). The group debuted in 2007 and in several years gained widespread popularity both within and outside of Korea. On July 4, 2007, the Agency filed a trademark “소녀시대” (“Girls’ Generation”) for “singer performance services”, etc. with the Korean Intellectual Property Office (“KIPO”). The trademark was successfully registered on June 23, 2008 (the “Prior Used Trademark and Service Mark”). Meanwhile, on July 16, 2007, a Korean entrepreneur (the “Defendant”) filed a trademark “ Imagen quitada por el remitente. ” (“Girls’ Generation”) for “entertainer managing services”, etc. with the KIPO. The trademark was also successfully registered on February 10, 2009 (the “Registered Trademark and Service Mark”).
