ADOR and NewJeans are currently embroiled in a heated dispute over the use of the new moniker "NJZ," with legal pundits weighing in on the unfolding drama.
Following their departure from ADOR, NewJeans members (Haerin, Hyein, Hanni, Minji, and Danielle) made waves by announcing their new team name, NJZ. The quintet disclosed their plans to forge ahead independently and debut a fresh track at the upcoming ComplexCon event in Hong Kong from March 21–23.
While ADOR expressed disappointment at the members' unilateral decision, citing the lack of a legal verdict on their contract status, the agency appealed to media outlets to continue identifying the group as "NewJeans." They underlined that the termination claim remains unilateral, pending legal assessment.
Undeterred by ADOR's stance, the NewJeans cohort stands resolute in adopting the moniker NJZ, underscoring their firm stand against returning to the agency. Yet, with a legal battle looming over the contract validity, legal experts caution about potential risks associated with the group's independent pursuits.
Attorney Ko Sang Rok from the online platform 'Attack on Lawyer' elucidated, “The ‘NewJeans’ trademark is the property of ADOR. Even if the members cite contract misdeeds to justify termination, it doesn't confer rights to the trademark. Usage of the trademark, even post-contract release, could constitute infringement. While the abbreviation ‘NJZ’ appears devised as a workaround, trademark infringement concerns persist.”
Additionally, Attorney Ko raised an alarm, noting, “Trademark infringement is a punishable offense. The naming choice might carry criminal repercussions. At the crux is the likelihood of public confusion, particularly when the members persist with activities under a name resembling the original. The chances are high for legal authorities to view 'NJZ' as confusingly akin to ‘NewJeans.’”
Echoing these sentiments, Attorney Jin Bo Ra cautioned about potential pitfalls tied to the members' autonomous decisions such as inking new endorsement deals sans ADOR. “In a scenario where the confirmed contract remains enforceable, profit-sharing and penalties might be mandated in case of contractual violation. Proceeding down this path is fraught with peril,” she warned.
Further compounding the stakes, Attorney Jung Jong Chae from LAW&CASE stressed the ramifications of disregarding a still-valid contract. “Should NewJeans persist with operations while the contract remains binding, hefty penalties could ensue as outlined in the agreement. Moreover, any damages suffered by ADOR could prompt liability for compensatory measures,” he highlighted.
Quoting the Standard Exclusive Contract for Singers by the Ministry of Culture, Sports, and Tourism, Attorney Jung elucidated, “In case of a unilateral contract breach without agency fault, compensation equates to the artist’s two-year average annual revenue multiplied by the residual contract duration.”
With the inaugural hearing in ADOR’s contract validity lawsuit against NewJeans set for April 3, the outcome promises profound reverberations for the group's trajectory. Stay tuned for the suspenseful legal showdown as it unfolds.
[Image Source: Unsplash/Fan Snapshot - for illustrative purposes only]