IP Newsletter | Fall/Winter 2015
	TRADEMARK, DESIGN, COPYRIGHT & UNFAIR COMPETITION
	Name of Korean Pop Group "Girls' Generation" Recognized as a Famous Mark
	"Girls' Generation" is the name of a famous all-girl pop group in Korea. The group first made its debut in July 2007 and became extremely popular within a short period through their various concerts, performances, television appearances, and other promotional activities, enjoying substantial record sales as a result. The mark "Girls' Generation" (in Korean translation), however, was registered by an individual unrelated to the group on February 10, 2009, covering various goods and services in Korea unrelated to music or music performance. The entertainment company representing Girls' Generation, SM Entertainment Co., Ltd. ("SM"), filed an invalidation action against the above registration at the Korean Intellectual Property Office's Intellectual Property Tribunal ("IPT"). While the IPT agreed with SM and found the mark invalid, the Patent Court reversed this decision on appeal. The Patent Court held that Girls' Generation was known among a limited group of people, and thus confusion would only occur if the mark was used on goods and services such as records or musical performances, or on related goods and services. The Supreme Court reversed the Patent Court, and remanded the case. The Supreme Court initially found that even though the "Girls' Generation" mark was primarily used in connection with "records, music" and "musical performance services, broadcasting appearance services, etc.," the fame of the mark extended beyond the music industry to the general public. The Court further found that using the mark even on goods and services unrelated to music such as "coats" and "cosmetic services" would likely lead to consumer confusion, because it would be plausible to consumers that either SM or its affiliates might offer such products and services. Therefore, the Court held that the mark would deceive consumers, and held that it should be invalidated. This Supreme Court decision is significant because it gives holders of unregistered but famous marks greater protection against third party imitation marks, even if such third party marks may cover unrelated goods and services.
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