Hello my lovely orange Changjos and soon to be orange Changjos.
It's your Andy mod supporter here 이솔다 bringing you some very interesting facts about SHINHWA that you may have not known.
Time to get to the dirty side of idol business.
**Fair warning: lengthy but informative 카드**
--credit to the internet yoo--
A little trip back into the dark memory lane with our handsome oppas! Trademarking since 2003 until 29th of May 2015 aka ShinDependence Day.
○The day Shinhwa finally won the full rights to their name will always be special.○
▪ Some of you may know, if you're an orange Changjos like me, but SHINHWA debuted in 1998 under SM. After the group's contract ended in 2003, SM wanted to disband the group & offered contracts to only a few members. But Shinhwa refused because they didn't want to be seperated & continued as a group. Therefore they decided to switch to another agency (Good Entertainment).
Since SM couldn't legally stop SHINHWA as the group had already completed their contract, (and SM being SM), they refused to allow the members to continue using the name: "Shinhwa" and perform their songs as the rights belonged to SM. Leader Eric had super looong negotiations with SM and ended up filing a lawsuit against SM for the rights to use their name "Shinhwa" and perform their songs produced under SM.
Shinhwa won the case and got the right to use their name and perform their songs, but had ro pay royalties to SM. Since Shinhwa's new agency, back then, Good Entertainment was srill a small company with not enough funds to pay, Eric stepped up and paid [rumored 2/3 of his OWN EARNINGS] to SM for the rights usage. He went broke shortly after. Following this, a contract was signed between SM & Good Entertainment allowing the use of the group name "Shinhwa" and songs produced under SM to Good Entertainment. Shinhwa then resumed their activities as a group under the name "SHINHWA" with their new agency.
BUT...they didn't ask for further precautions procedures to protect their right to use the name or "Shinhwa" songs.
In 2004, roughly 6 months after SHINHWA moved to Good Entertainment, low and behold, SM registered the trademark "Shinhwa" under SM company's name!!. -_-
In 2005, after completing the registration of the trademark for "Shinhwa", SM entrusted the trademark's ownership to Open World Entertainment (later known as Jun Media)!
In 2006, SM completely transferred the ownership to Open World Entertainment. wtf
So then later in 2006, Good Entertainment signed a contract with Open World Entertainment for the rights to use the name "Shinhwa" and perform their songs. The contract lasted until the members went into the military service hiatus in 2008. **Also Open World Entertainment didn't register the trademark after it was handed over to them from SM in 2006. They did that later in 2013.**
In 2011, SHINHWA wanted to establish "Shinhwa Company", so leader Eric amd MinWoo held long and numerous negotiations with Open World Entertainment and the members' individual agencies. Finally, after really tiring meetings, they reached an agreement and signed a contract to allow Shinhwa Company the use of "Shinhwa" trademark, meanwhile Open World Entertainment manages the group's overseas activities plus Shinhwa's official Japan fanclub "The Legend".
**Open World Entertainment (Jun Media) didn't register the trademark after it was transferred to them from SM in 2006, so Shinhwa Company requested Jun Media to show proof of documents that they're indeed the owner of the trademark "Shinhwa".
In early 2013, as Shinhwa Company didn't get any reply from Jun Media, they went ahead and filed a lawsuit against Jun Media to cancel the trademark rights usage contract and requested for the return of the contractual fees and partial earnings from the Japan fanclub.
In February 2013, Shinhwa Company also filed a "provisional attachment" for the trademark "Shinhwa".
**So as if our poor oppas haven't been put through enough **
Jun Media (during this time hurried to process and register the trademark) filed a counter lawsuit roughly stating , "We hold the rights to the trademark so pay up for the profits from the 2013 concerts as stated in the contract."
In July 2014, Shinhwa Company partially lost and won the case. They partially lost because they couldn't cancel the contract with Jum Media as the judges stated that despite it being a belated registration, but it was effective and the trademark "Shinhwa" was and is still a trademark owned by Jun Media. As for the "name usage fees", SHINHWA had to pay approximately ~320,000 USD to Jun Media, the portion of their earnings from their 2013 concert. Shinhwa Company partially won as Jun Media had to pay Shinhwa approximately ~182,000 USD, the portion from their earnings from the 2012 concert as well as from the Shinhwa's official Japan fanclub.
On July 26, 2014, Shinhwa Company released a statement stating that they intended to appeal the parts od the lawsuit that they lost.
--》Meanwhile, back in 2012, Open World Entertainment's CEO Jang Seokwoo got arrested after sexually harassing trainees. Resulting the company to change its name to Jun Media《--
On August 29, 2014, Shinhwa Company had officially changed their name to ShinCom Entertainment to prevent problems from growing larger in their on-going lawsuit with Jun Media and to prevent the use of "Shinhwa" being recognized aa the used of the trademark rights. Shinhwa even had to delete the name "Shinhwa" from their 11th album in 2013 as well as their 12th in 2015. They refrained from using "Shinhwa" name and used only their logo. Shinhwa stated: "We will do our best to protect the name SHINHWA. Please wait and see."
On May 27 2015, ShinCom Entertainment and Jun Media participated in another arbitration at the Seoul High Court and have accepted the court's arbitration proposal regarding the transfer of the trademark rights. An agreement was finally made over rhe trademark rights resulting in ShinCom Entertainment receiving the trademark rights of "Shinhwa".
On May 29 2015, Shinhwa Independence Day, the trademark rights to "SHINHWA" waa finally handed over to ShinCom Entertainment. They were able to use the name "SHINHWA" without any restrictions in the future. Shinhwa finally got the full rights and trademarks of their name AFTER 12 YEARS!!!
Talk about fighting for what you value!
●After all of this, I'm so proud to be an orange Changjos because even though I was extremely young to understand or grasp what was happening back in 1998 debut years and during the 2000s-2008, these oppas should their resilience to keep on going for their rights●
Now THAT is admirable.
**gif below credit to msandylee**
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