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Stories with tag: lawsuit

Wednesday, October 10, 2012

F.T. Island wins lawsuit against Baviphat, to be paid $36,000 USD


Back in February, F.T. Island and FNC Music filed a lawsuit against the cosmetic company Baviphat for using the image of F.T. Island beyond the scope of the agreed contract. On the 9th, the Seoul District Court ruled partially in favor of F.T. Island, citing that Baviphat must pay the band 40,000,000 KRW (approximately $36,000 USD) for damages.

The original lawsuit had been for 200,000,000 KRW (approximately $180,000 USD and $36,000 USD for each member), but Baviphat had legally filed that the company was suffering from deteriorating revenue and financial difficulty.

FNC Music accused Baviphat of violating F.T. Island’s portrait rights and used their images to endorse the brand in other parts of Asia when the contract stated that it was limited to only Korea. They also continued to use F.T. Island’s images to endorse their brand for over a year after their contract came to an end.

The court reported, “The F.T. Island members are to be paid 8,000,000 KRW (approximately $7,200 USD) each for the damages.”


Source & Image: Star News via Naver
Article shared by jennywill - via allkpop
10.10.12 0
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Thursday, August 16, 2012

SM Entertainment and JYJ to have another trial in September


SM Entertainment and JYJ have failed to reach an agreement on the issues surrounding the members’ TVXQ contract.

The trial between SM Entertainment and the members of JYJ took place on August 10 at 4PM KST in Seoul Central District Court. SM Entertainment’s representative Kim Young Min, along with lawyers from both sides, were present to debate the issue. The members of JYJ were not present for this trial.

In the 1-hour-30-minute trial, each side expressed their sentiments to the court, and afterwards, both sides expressed their opinions to each other. This day, Representative Kim left the meeting to have a conversation with a lawyer in the waiting room. He met with reporters during the mediation and stated, “The court is still in trial so nothing can be said.”

SM Entertainment and JYJ have been in trial since last May, going through a total of six hearings to reconcile their differences thus far. However, at the end of last year, both sides failed to reach an agreement and hearings have resumed. In May, both sides expressed their points during the hearing and waited for an official verdict, but the court advised a mutual adjustment so another trial date was issued.


However, the two sides have failed to meet a mutual agreement once again. JYJ’s lawyer told Star News, “The difference in opinion between the two sides is too large. An agreement could not be reached so it was decided that another trial will take place around September 13th.”

The lawyer continued, “SM Entertainment’s side is to ‘forget about the past’, and our side is to settle all the accounts and issues in court. Both sides diverge in opinion, but the court is encouraging a voluntary agreement or a mediation until a decision has been made.”

After three years of both sides battling for an agreement, the chances of the court making the final decision have risen. When the SM Entertainment representatives exited the court, they answered the reporters’ questions saying, “There is nothing for us to say yet.”

In 2009, JYJ stated, “[Please terminate the effects of our unreasonable exclusive contracts],” and filed a case. As the court accepted this, SM Entertainment filed a claim for compensation for damages in April of 2010. In February, the Seoul Central District Court dismissed both of SM Entertainment’s injunctions against JYJ.

After this recent hearing, it’s been confirmed that the exclusive contracts signed by both sides have been nullified, and that the decision to secure the individual entertainment activities of the JYJ members has been upheld.



Source & Image: Star News via Nate
Article shared by d0rkyk0r3an - via allkpop
16.8.12 0
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Wednesday, March 21, 2012

Dispatch reveals Kim Jaejoong’s full original audio file + C-Jes plans to file a lawsuit


On March 20th, media outlet Dispatch released what they claimed to be a full version of the original audio file of JYJ‘s Jaejoong that had not been fully revealed previously.

Dispatch reported that a total of 11 accounts of violence and 78 accounts of swearing of member Kim Jaejoong can be heard in the 10 minute clip. The article goes on to quote controversial clips of Jaejoong, such as, “I wish I wasn’t a Korean citizen,” and “I hit them often and even went to the police.”

They also claim that they have interviewed 20 other sasaeng fans who have given testimonials about the members hitting fans when it wasn’t called for. According to them, violence and swearing took place when Jaejoong had gone to see his girlfriend. They claim that the singer resorted to violence due to not wanting their date to become exposed, rather than sasaeng fans provoking him.

The article continues, saying that the image of sasaengs were exaggerated by other media. Extreme cases of sasaeng fans have resorted to extreme behaviors, but that “most of them just followed them to see them a bit up close.”

The Dispatch article titled, “Has the original nature of JYJ been covered up under the excuse of sasaengs? The uncomfortable truth behind JYJ and their assault case,” stated, “The assault case was wrapped up to look as if Jaejoong, the attacker, was the victim of the sasaeng. They used violence on hardcore fans, not just on extreme sasaeng fans, and thus this goes beyond how much they suffering they had to endure while living as a star, and whether their violence was justified.”

C-JeS Entertainment was quick to step up immediately after the release of the file and the article, revealing that they had already drafted up a lawsuit against Dispatch, and were planning to press charges for defamation of character.

On March 20th, C-JeS Entertainment stated, “The article with the additional file released by Dispatch today has no intention other than to bring harm to the members of JYJ. We can no longer stand by and watch the release of such hateful articles and have decided to take legal action.”

Sejong, their legal representatives, added, “It is definite defamation as well as an invasion of privacy to release an illegal recording without even confirming with the person they claim the recording is of.”

Moreover, C-JeS Entertainment officials revealed that they “cannot comprehend” Dispatch, especially since this comes just after the passing of Yoochun‘s father.






Source + Photos: BNT News + Dispatch
Article shared by VITALSIGN - via allkpop
21.3.12 0
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Friday, January 06, 2012

Cube Entertainment is officially free from MOGEF’s lawsuit

Back in year 2011, BEAST’s “On Rainy Days” from album ‘Fiction and Fact‘ had earned Cube Entertainment a lawsuit filed against them by MOGEF (Ministry of Gender Equality and Family). The reason behind the lawsuit is because of a phrase in the lyrics referred as offensive.

The ‘offensive’ phrase sounds like this: “I think I’m drunk, I think I should stop drinking.” MOGEF claimed it to be a bad influence as it encourages teenagers to drink and thus, the song was banned. Good news is, on January 5th, the Seoul Administrative Court decided that the ban placed on the song shall be retracted.

With the court’s decision, MOGEF must is must now remove their ban off the song and the label of “harmful media” from B2ST’s album.

Cube Entertainment stated, “We hope that the cancellation of the decision labeling B2ST’s 1st album as ‘harmful media to youth’ will become a precedent to ensure the objectivity of music standards in the future.”

Me a happy B2UTY!
Article shared by Melanie Chong on Thursday, January 5, 2012 11:00PM via Ningin.com
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Friday, April 29, 2011

JYJ takes legal action against Avex


Male trio JYJ has taken legal actions against Avex, their management company in Japan with whom they’ve been having trouble with, for interfering with their charity concert.

JYJ’s Korean management company, CJES Entertainment, has filed a lawsuit along with an official statement on their webpage, while Avex was quick to respond with an official statement as well.
What caused the problem?

To start off, Avex suspended their contract with JYJ last September. The group, while not legally allowed to perform in Japan without Avex’s permission, was planning on a charity concert to help the victims of recent Tohoku earthquake.  However, Avex stepped in and pressured them to cancel the show, presumably arguing that it violated their no promoting rules.

CJES asked the Tokyo regional court for a provisional disposition regarding disruption of performance, meaning that they are asking the court to step in and stop Avex from cancelling the concert.

JYJ has expressed that they are determined to go ahead with the concert regardless of outside interventions.
Below is an official statement posted by CJES’s Mr. Baek Chang Joo on their Japanese webpage.

“We thank you for showing us your continued support last year with JYJ’s world ide album and promotion, despite the fact that our contract with Avex was suspended and we could not promote in Japan. When Japan was in sorrow after an earthquake hit eastern Japan, JYJ grieved with you as if we were a member of your family. We planned a charity concert in order to help Japan’s recovery and to show gratitude for your love.

 Although we started out with a good intent, there have been external pressure against us, such as concert hall bookings being cancelled. We are sorry to worry our fans who have already purchased the tickets for the show and are waiting patiently.

 While we thought about cancelling the concert as we might not be able to put on our best performance for our Japanese fans who have been waiting so long for JYJ’s performance, we have decided to keep the promise we made with our fans who waited in patience. We are pressing on.

 We would like our Japanese fans to understand this concert, not just as a one time event, but as the starting signal for JYJ’s Japanese promotion. Our stage might be a bit lacking, but please have faith in our sincereness and continue showing us your support.

 JYJ will not bend to such pressures in future and will visit wherever we can to perform for our Japanese fans. I too, will personally wage my everything, in order for JYJ to play their music and share their stories with our Japanese fans to thank for your support. Japanese fans of JYJ, please continue your support for us as you have done all along. We can, because there is faith.”

Avex quickly posted their side of the story on their official webpage, arguing,

“The charity concert was planned without the consent of our organization, which owns all rights to management of JYJ within Japan. We have reacted in fair and reasonable ways to this invasion of our rights… We have been receiving complaints from anti-social groups and members of our board have been receiving threats.”

An inside source familiar with the concert was quoted as saying,

“Avex claims that they have the rights, but they suspended the contract one-sidedly. They continue making profits off of JYJ through DVD sales and such, but really, they’re stopping JYJ from performing in Japan. Contract with Avex was something completely unrelated to the one with SM Entertainment, and they’re interrupting JYJ’s promotion at the same time that JYJ is taking legal actions to void their contract with SM. I do not think this is fair.”

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Stay tuned to urkpop as the JYJ saga continues on.

Source: OSEN via Nate, allkpop
29.4.11 0
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