Protecting a 'Jewel' of a Trademark: Lessons Learned from the 'Dae Jang Geum' Litigation on Using U.S. Law to Protect Trademarks Based on Imported Popular Culture Icons

28 Pages Posted: 29 Nov 2018

See all articles by Robert Kang

Robert Kang

Loyola Law School, Los Angeles

Date Written: March 1, 2010

Abstract

It's a lawsuit worthy of its own TV drama: in the mercurial world of entertainment, the growth of Korean dramas and pop culture (called "Hallyu" and the "Korean Wave") has been nothing short of explosive. But with growing popularity comes the risk of copyright and trademark pirates.

This case chronicles the first major lawsuit initiated by a Korean media company In the U.S. to protect trademarks based on Korean pop culture. The article goes through the business and legal considerations in pursuing, and defending, such a suit. Finally, the article provides practical trademark risk management tips for businesses based on the following: trademarks based on imported pop culture icons can be strong; they can be valuable; and that U.S. companies infringing them face considerable business risk.

Keywords: Trademark, Hallyu, Korean Wave, Dae Jang Geum, Business, Litigation, Korean Drama, KDrama, KPop, K Pop

JEL Classification: K33, K41, O34, Z11, Z32

Suggested Citation

Kang, Robert, Protecting a 'Jewel' of a Trademark: Lessons Learned from the 'Dae Jang Geum' Litigation on Using U.S. Law to Protect Trademarks Based on Imported Popular Culture Icons (March 1, 2010). Hastings Communications and Entertainment Law Journal, 32:3 (2010), Available at SSRN: https://ssrn.com/abstract=3278726

Robert Kang (Contact Author)

Loyola Law School, Los Angeles ( email )

Los Angeles, CA
United States
3108018255 (Phone)

HOME PAGE: http://www.lls.edu

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