Lessons Learned from the 'Dae Jang Geum'

ABSTRACT:

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 Robert J. Kang, Esq. [email protected] x 310.801.8255

The United States has a tradition of integrating popular culture from foreign sources. For example, Japanese culture icons from Godzilla to Hello Kitty are ubiquitous, and the protection provided by U.S. law to trademarks based on such icons is unassailable. But Japan is not the only country whose icons have come to American shores. For example, with Korean pop princesses the Wonder Girls performing with U.S. heartthrobs the Jonas Brothers, or U.S. comedian Stephen Colbert dueling with his “arch-nemesis” the Korean singer Rain, cultural icons from countries such as South Korea are growing in popularity. But with such popularity comes the risk of trademark infringement and exploitation. 2007 and 2008 witnessed an important contribution to the body of law protecting these icons: the “Dae Jang Geum” litigation. The trademarks derive from a Korean television drama called “Dae Jang Geum” owned by Munhwa Broadcasting Corporation (MBC), a Korean company, which claimed that a U.S. ramen company called Solafide, Inc., improperly infringed on MBC’s trademarks by creating a “Dae Jang Gum” brand of ramen. Although Solafide argued that MBC’s trademark was weak and valueless, the United States District Court found otherwise. Ultimately, settled the case for $850,000 – an amount over 170 times the infringer’s starting sales of $4,400. By analyzing the three most important orders issued in the case this article shows the following: (1) that U.S. trademarks based on foreign cultural icons are strong and protectable; (2) that damage awards in such cases may be significant; and (3) that infringers face significant risk by impermissibly exploiting such icons. ___________________ Dae Jang Geum Chinese character (hanja) logo used with permission of MBC America Holdings, Inc. The paper this abstract is based on was previously published at: Robert J. Kang, 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, 32 Hastings Comm. & Ent. L. J. (2010).

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