October 21, 2015 10:04
The Supreme Court on Tuesday took time out from serious crime and injurious tort to rule that there can be only one Girls' Generation.
The ruling overturns a lower court's decision that allowed a businessman to register the name of the manufactured girl combo as a brand for clothing, toys and food products.
Girls' Generation debuted in 2007 and their talent factory SM Entertainment copyrighted the name for sound sources and videos. But the businessman registered the name 10 days later for use with other products.
SM persuaded the Intellectual Property Trial and Appeal Board to invalidate the second registration.
The business operator, identified as Kim, appealed to the Patent Court, which sided with him saying there was no danger of consumers confusing clothes and toys with a group of singing and dancing young women.
But the Supreme Court disagreed, saying the high profile of the band could cause consumers to believe they endorsed or licensed Kim's products.
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