Several legal experts shared their thoughts on the ongoing feud between NewJeans and their former agency, ADOR. Recently, the South Korean Attorney, Ko Sang-rok, also commented on the same.
Through his YouTube channel, Attack on Lawyer, Sang-rok highlighted the possible trademark infringement issue that might occur despite the rebranding of NewJeans into NJZ. He stated:
The ‘NewJeans’ trademark belongs to ADOR. Even if the members argue that the contract was terminated due to ADOR’s fault, this doesn't grant them rights to the trademark. If they were released from their contracts without penalties, using the trademark would still constitute infringement. It appears they created the abbreviation ‘NJZ’ as a workaround, but there is still a trademark infringement issue.”
He further highlighted the fact that this rebranding could affect the K-pop girl group legally since the trademark infringement arises as a criminal issue. He added:
“Under trademark law, infringement is a criminal offense. Their choice of name seems to carry the risk of criminal liability. Trademark infringement is assessed based on the likelihood of public confusion, and in this case, the members themselves are continuing activities under a similar name. There is a 99.9% chance that legal authorities will deem ‘NJZ’ a confusingly similar trademark to ‘NewJeans.’”
Other South Korean legal experts pitch on the ongoing feud between NewJeans and its former agency, ADOR
As the feud continues, several people have weighed in on the happenings. In addition to Ko Sang-rok, two other attorneys, Jin Bo-ra and LAW&CASE’s Jung Jong-chae, also shared their thoughts on this. Jin Bo-ra stated:
“If the lawsuit determines that the exclusive contract is still valid, the members may be required to share profits and could face penalties for breaching their contract. Taking such actions at this stage is extremely risky.”
On the other hand, LAW&CASE’s Jung Jong-chae, explained and viewed the feud through the lens of the Standard Exclusive Contract for Singers issued by the Ministry of Culture, Sports, and Tourism. He stated:
“If NewJeans continues its activities despite their contract still being valid, they will be liable for significant penalties outlined in the contract. Additionally, if ADOR suffers damages, the members could be responsible for compensation.”
He continued:
“If an artist unilaterally breaches their contract without fault on the agency’s part, they must compensate the agency with an amount calculated by multiplying their average annual revenue for two years by the remaining contract period.”
More on the feud between NewJeans and its former agency, ADOR
In September 2024, the NewJeans members kickstarted a livestream without ADOR’s knowledge to expose the agency’s alleged mistreatment and mismanagement. This livestream soon followed the removal of Min Hee-jin as ADOR’s CEO.
The members demanded the reinstatement of their former CEO. This soon escalated in November, when the members released a 14-day ultimatum, demanding a series of actions from ADOR in order for the members to not leave the agency.
However, following the end of the 14-day notice, the members held an emergency press conference announcing their departure from ADOR due to the agency’s failure to meet the ultimatum’s demands.
As a response to the same, ADOR has been pressing for the validity of the group’s contract with them, thereby conveying their disregard for the group's independent venture and rebranding as NJZ. A lawsuit on the same is also currently ongoing. On February 7, NewJeans revealed their rebranding into NJZ through CNN.
ADOR released another statement communicating that they regret witnessing their rebrand without the confirmation of the lawsuit’s proceedings.
As per the statement of the legal experts, the lawsuit holds the potential to affect the K-pop girl group’s future. The first hearing of the lawsuit from ADOR demanding the validity of the group’s contract is scheduled for April 3.