Due to legal battles surrounding his name, Rain is postponing his US concerts. Rain Corporation, a music company based in Nevada manages a band named Rain and they asked Korean Rain to drop the name “Rain” while he performs in the states back in February. Who is this Rain, the band? The Beatles Experience Rain is a band that replicates the good old tunes from the Beatles. Who knew that bunch of middle aged Beatles wanna-be’s can stop Rain from dominating the world? It’s rather hysterical if you ask me and I also think that this is the perfect excuse time for Rain to come up with a new name. What would you name the Korean Rain?
*Star M, the organizer of It’s Raining concert will announce new dates for Rain’s concert as soon as they settle the legal battle on the 14th of this month.
Correction: Please note the change in Rain the band’s website. Apparently there are two bands with the name Rain in the states. And thanks to “me” for the source.
Hell no. Do not change your name Rain!!!! So what if another group here in america got the same name that don’t mean nothing. The world knows him as “Rain” and “Rain” it will stay as far as I’m concern.
I don’t care even if it just for his tour. You know what leave it to the good old U.S. of A to come up w/stupid ass legal issues.
Just another minor Road Block…no biggy. Rock on Rain!
i totally agree with you jess1tym! he debuted as rain and he should be able to keep that name. its not like anyone wants to hear a bunch of old potbellied men singing, and their based in nevada (i care not about that state lol)! if they were to have a legal battle, rain’s millions of fans will be backing him, while the old folk group will be back by what… 20 people?? i’m being very mean… oh well, they started it first.
anyway if something does happen, we should totally start a PETITION!!
Rain…… Do you know this name is so lucky for you.
u become famous along this name. so u shouldn’t do
these. I mean u shouldn’t chang ur name. RAIN is so
nice and cute name.U know!!!
No..no..dont change ur name, Rain…I love that name…It is so popular and farmiliar with many fans…I cannot imagine that one day you appear with another name (accepting Jung Ji Hun)…TT
So if the US band is invited to perform in Korea, will they agree to change their name?
why should rain change his name ? why dont the band just change their name ?
i bet if you mention “RAIN” anywhere in the world (INCLUDING the US) people will think of our jungjihoon instead of the band Rain.
i was like,, WHO THE HELL IS THAT??
& what about all of his songs?? they all have RAIN,, in them. hahahaaa… lols,, i forgot about the album names too! haha man, its WAY too much hassle to change his name!
WHY??! He shouldn’t change his name!! The only other option if he has to change his name will have to be ‘Bi’ but I don’t think people will be pronouncing it correctly.. Don’t change your name, Rain!
The nevada band ‘rain’ should just disband…i cant imagine rain performing under any other name than ‘rain/bi’, i mean, when someone talks about rain, i think firstly about rain as in junj ji hoon instead of rain falling from the sky itself.
Hope that they get it sorted out quickly. Aja aja fighting rain! We are all behind you and if we do have to sign a petition then, im there already!!! (^__^)V
“Who knew that bunch of middle aged White dudes balding with beer bellies can stop Rain from dominating the world?”
HAHAHAHAH
i love you popseoul, seriously
anyways i don’t think any other name fits him better than Rain…
can’t he just use the korean name Bi instead if he loses in the legal battle? It means the same thing but it isn’t written like rain…=/
new name for rain? what about “SUNSHINE”!
kidding. rain should definitely stick as rain.
He should totally keep his name!! No one even knows who the hell those other guys are anyway >.>
I’ll go for “RainB”…then.
shouldn’t use Bi as this will result Ji Hoon to be treated like laughing stock in State…by some people.
“RainB” is cool.. I think if he really has to change his name. Ofcourse, “Rain” is simply the best…
Meaning will be the same. only English and Korean mixed.
I agree with the other… (not that I think Rain is a good name ^^ )… but still… changing it because some other band has that name?
Rain has etablish his status as a worldwide star with that name… and now some unknown band wants him to change it? - c’mon…don’t be a jerk.
and funny though… did anyone notice name of the link: rain-band? This mean that they already is known as rain the band and NOT rain the singer.
who the hell is that nevada rain group??
I don’t even know them..it’s not like they own the name anyways..=.=
Rain, don’t change your name..^^
Um that’s the stupidest thing I ever heard. You don’t own the name ‘Rain’ ~ that’s just retarded. And seriously NO ONE is EVER going to mistake our Rain with those guys..esp since Rains is so much more popular lol. Oh wow…I have a feeling that the Nevada Rain website is going to a hear a LOT from Rain fans. But seriously it sounds like they just want publicity, I’ve never even heard of them…and it doesn’t sound like they’re successful -___-;;
Plus I just typed in ‘Rain’ in Google…and TWO out of the first TEN articles that appeared were about the Korean Rain…so I think those guys lose. I don’t think that’s how legal battles are won though…but really if Rain has to change his name…I’ll be so pissed off.
The Rain Corp is just using this as an opportunity for publicity for themselves. According to another site, Rain said that there were 6 persons or groups using the name Rain but he was the only one told to stop using it. He feels he’s being singled out and I do too. I see nothing wrong with using Jihoon. Use your given name Rain!
NO WAYYYYYYYYY!! RAIN is RAIN cuz his real stage name in Korea is Bi(mean rain),so for avoid problems (Bi-sexual…) he chooses Rain for his stage name in the world.It’s ridiculous to force him to change his name cuz of some old group(who doesn’t exist NOW).
Don’t change your name baby,it fits you perfectly.
Rayne…the Korean Wayne.
Well, I saw a couple of posters for Rain’s upcoming concert in NYC and…it said “Ji-Hun” and not “Rain.” I guess PJY did not want to risk getting into a legal battle over this, figuring that there are not many non-Korean fans in attendance anyway. May have been an ill-timed move, given Rain’s recent free publicity on the Colbert Report.
…are u kidding me? those people need to find new ways for getting themselves known, because im pretty sure that this is the only way they think they can survive…a stupid publicity stunt.
anyways, of course he should NOT change his name…
thats his IDENTITY. who he IS. he cannot change it!
also, this “band” formed in early 2004, bi debuted 2 years earlier than they did
what right do these people have? is it b/c they’re “americas”?
that.is.ridiculous.
Bwahahah….. the tagline of that Rain-Band is “The Wetter, The Better”
Hahaha…..
In reply to ocean, LMFAO!! “The Wetter, The Better!” haha and I agree with parkerlewis, if he has to change his name why cant he just change the spelling of “Rain?”
Look, he doesn’t need to change his name in ANY WAY.
This “band” isn’t FAMOUS and will go away sooner than our Rain.
Even if it had to be a court BATTLE, I think our Rain has a better chance of keeping it! I mean, seriously.
I will be SO pissed if they will let them be bullied over this name.
But you know Asians, we are nice.
In the early 1990s, whenever you typed http://www.bbc.com, you got the website of a Korean company called Baek Business Consulting. The world-famous British Broadcasting Company wanted that website, but they couldn’t get it because of a pesky thing called “Law”. Why? Mr. Baek was there first. [They eventually bought the address from Mr. Baek and now bbc.com goes to the bbc.co.uk website]. Mr. Baek probably didn’t think this was a “stupid-ass legal issue”.
[If you all had known about this at that time, you all would be screaming to protect Mr. Baek, the noble Korean in his fight against the big bad BBC that wants to steal his web address.]
Just because you feel the Korean Rain is more famous is no reason for him to steal (yes, steal) the identity of an established group that DO legally own the name “Rain”, just as the BBC couldn’t steal the address http://www.bbc.com from Mr. Baek.
Personally, I don’t think there is any conflict. I think Rain should perform as “Rain”. If he is forced to, perhaps he should perform legally as “Ji-hun (a/k/a Rain)”, but listening to you run down the legal owners of the name “Rain” is just embarrassing.
He’s Rain and will always be Rain.
I agree with kkachi… i mean, that group has legal rights to the name “Rain.” we’ll see what they come up with…
Noooo!!! Definitely Not! Rain better not change his name…sheesh. He’s probably 100x more famous than those dumb-butts….of course, he can always go by Bi or Jung Ji Hoon…but Rain is like him now….whenever it’s raining outside…I would think of him…lol.
here’s the website about the case: http://dockets.justia.com/docket/court-nvdce/case_no-3:2007cv00081/case_id-53012/
I hope the band loses! seriously! i think they should be the ones changing their names, since our rain is pretty much established as a world star!
Kkachi I suppose you are affiliated with the Rain Corporation? It just seems like the Rain Corporation has some other motive to be suing the JYP Corporation. I say this because there are several other people who use the name Rain, and yet they chose to sue the Korean Rain only? They obviously want some monetary compensation to allow him to use that name. What’s ridiculous about this case (just in general) is that rain is simply a word. Its not some cleverly thought up word, its rain!!!!! I don’t know what will happen. But obviously there is a home court advantage… and I feel that this will affect the results of the case. But good luck to our Rain, and I hope the concert dates work out.
And by the way Kkachi, Rain did not steal the name. He simply translated it into English. Are you a fool, you obviously don’t know him very well.
no no no!!!!
waeyo RAIN must change the name…???
dont change the name!!!
btw indonesia have band called “the rain”
i sorta go with parkerlewis’ suggestion… if it came to that, well he could just spell it differently..
Rayne — doesnt sound too bad ^^
but he does have a great chance in winning this whole legal battle..
Rain/Bi hwaiting!
hmmm…if he does end up losing (nooooo!!) hopefully he can change the spelling to ryne?? or raine??
rain is so hot in that photo. sorry for going off the topic.hehehehe
PEOPLE SIMPLE SOLUTION RAIN CAN PERFORM AS “BI” NO? IT’S THE SAME THEY COULD GO LIKE… BI (RAIN) THEY CAN ALWAYS DO THAT HE SHOULD NOT CHANGE HIS NAME JUST PUT IT IN KOREAN AND IN PARENTHESIS “RAIN” I MEAN EVEN COLBERT NOWS WHO HE IS NOW LOL HE’S RAIN HE’LL ALWAYS BE
kkachi wat have you got against rain? there are oyther organisations that use the name rain?? its just for some stupid compensation monetary reason isnt it? some cork asian balding white dudes with no real life!!
nope he should never ever change his NAME, most people in Asia already know who he is…..SO HE CANT CHANGE HIS NAME, people in US should accept his name (just like me, and i love his name) I DONT UNDERSTAND Y, those white ppl want to change a person NAME, so they would get more FAMOUS, well i dunt think that is true. BUT “RAIN” that is a name people will alway know
the suggestion of “rayne” totally defeats the person of his name, since his korean stagename “bi” is translated into “rain” in english. not that bad of an idea though.
Hessa,
Please read my post again. I do not have anything against Rain. I do not think it right that Rain should be allowed to break the law because a) he’s famous, or b) he’s Korean, which is what many of you appear to be saying. (I might be wrong about this, but I don’t think so.)
Let’s try a thought experiment.
Let’s say that you start a small stationery company in Korea called Sminx. Now let’s say that an American stationery company called Sminx becomes world famous. Do you think it would be right for the US Sminx company to use your company name so it could sell its products in Korea?
If you said no, then why should the US band Rain allow the Korean Rain to use their name to perform in the US?
Kkachi
P.S. I find it sad that many people here are just reacting, and not really thinking.
wdf?? tell them to go to hell….no-one has the right
to change rain’s name, is rain and always will be.
but i know his smart, he wont start a fight with some
dumb asses. watever his name is, itll always be him inside.
ok first of all tat so-called “Rain” band juz want to make a scene so they can be better Known cuz their not tat famous..2nd they probably trying to make money out of him cuz no one probably buy their cds..and 3rd alot of ppl have the same name so if i was name Rain do u expect me to change my name bcuz someone said so i dont think so…
dont lose your mind rain fans. just cuz he’s world famous doesnt mean he can steal someone elses name.
this is just like where Apple was sued for their release of IPhone because the name “IPhone” was already owned by Cisco, who cares if Apple and their IPod is so famous. In fact, im sure more people know IPod than Rain…
i like rain and i listen to his songs, but law is law. obey them.
if anyone is interested in what these old geezers look like, click the following link –> http://www.rain-band.com/images/bios/Rain_Black_bluefade.jpg
I want Bi’s name to be Gian. It goes perfectly with Giana Jung
He could always use ‘bi’ but then.. I’m not sure how many people would pronounce it right, LOL. (If that’s taken too he can always go for rainbi or birain???)
What the fuck? That’s so dumb. Geez, even though I live in the US, American people complain about the smallest things WAY too much.
They should just suck it up. Damnit, we love Rain [or Bi] the way he is and just changing his name to something else won’t be the same anymore.
Rain should go by ‘The Artist Formerly Known as Rain’
Rain can’t change his name!! He debuted before the band rain! Why should they tell him to change his name, when he debuted first? That’s not fair! And there are many other band or singers with the name rain, but is anyone telling them to change thier names ? NO. He’s just going to be there for a while, I don’t know why ther are make such a big deal about this.
ALthough he could just go by bi rain or something like that just when he is in the states will be fine.
I hope he keeps his name, don’t let them bully you around. Rain, fighting!
i agree with suki. rain debuted before the band rain. the band only debuted in 2004. rain debuted in 2002.
IMPORTANT PLEASE READ: POPSEOUL you got your sources wrong! The website that you posted is wrong! The company website is http://www.rainthebeatlesexperience.com/
I think you should change it, because rain’s fans have hit the wrong website (the wrong band!!)
thanks me - please note the change we made
kkachi,
I think u r right, coz if i have a band and suddenly someone from other country used my band’s name and he is so populer, i will angry to him. Hey, I choose that name first! But in this case, Rain is not his name. It’s just a translated word for his populer name in Korea “Bi”. I think it’s easier for people in US to know him if he use “Rain” for his name. It’s hard for American to say Jeong Ji-hoon right??
So, Rain is Rain, no one can change it! I think if u ask someone, “Do u know Rain?” most of them will say that Rain is a Korean singer not a band from US. Right? ^^
No doubt Rain and Bi is the same meaning but he is being called Bi or Ah Bi(lovingly) by his fans and everyone..as a matter or fact ‘Rain’ is seldom used..the name ‘Rain’is mostly used for promotional work..and outside Korea, but anyway i dont think he wants to get into any messy legal battle, which could cost millions of dollars..well of cos he can afford it,but right fully the name does not belong to him..they,US register the name first.and they got every right to sue him..thats why his management company knew this and postpone his concerts.
i got some sources. they are only changing the title for the tour i guess. they have some ongoing legal proceedings. i think they are using rain’s real name instead — jung jihoon.
Boy, that’s a tough break for the most influential person in the world. Getting bumped by a Beattles-cover band that no one has ever heard of… how demeaning.
This is a terrible article.
at4shi wrote:
Rain is Rain, no one can change it! I think if u ask someone, “Do u know Rain?” most of them will say that Rain is a Korean singer not a band from US.
kkachi replies:
It all depends on whom you ask. If you are in the US, older people would answer that question, “Yes, it’s a Beatles song.” Younger Americans probably wouldn’t know Rain outside Koreatown. He’s not as popular as you think he is in the US.
If you are in Seoul, of course people would say “Rain” is a Korean singer.
To Janice,
1) I am not affiliated with the Rain Corporation in any way.
2) Knowing the singer Rain is immaterial to any legal issues involved here. I’ll bet you don’t know him, either. You simply know who he is, but in your rush to insult me, you forgot the difference.
3) Learn how to use question marks.
KKachi you are definitely right! In Korea..Koreans will say..Rain!! oh!(pause) you mean Bi(pause)..Actually he is not that Super Super duper in his homeland, as you guys think..Koreans have so many choice, better ones. Checked this out> KBS World Radio KPOP Top10..his music,seldom on a top 10 list for the last couple of years since his debut, so to speak!(all the latest and the best in here) i’m not putting him down but it’s a fact..bcoz you guys think to highly of him..as though he is the best..He is not the best in Korea! neither is he that popular..meaning if you go out in the street in Seoul and asked ‘Who is your fav korean singer’ his name probably will never pop out..Im not, an anti-fan of his..in fact when i was back in korea i wanted to get his CD Its Raining..but my group of K-frenzs..said Hey! i’ll get you something better! Well i suppose he is more famous outside Korea, bcoz of his world concerts..And PR and Advertisings play a big part in this, and also he is hard working..But guys he is not the best!
RAIN IS MAGNIFIC
RAIN IS THE BEST
It’s such B.S that he has been requested to change his name. NO means NO! Rain stays!
what this is true? Who cares? i like when it rains on me. Do not leave your name behind. it don’t matter as being yourself. be it, be your own sake. do no turn me off. m really enjoyed your Debuted/ can not get my eyes off you. Keep u name as Rain.
yo keep ur name.. that wat i known u as all along.. so plz dont change..
haha…its funny because that band is obviously using this as a way to make publicity for themselves. I mean c’mon!
Ridiculous.
And NO he should not change it, not that i think RAIN is such a great name, but that’s the name he has been using and it has become his trademark. If he changed it, that would just be weird….it just wouldn’t be the same :-\
He most definitely should not change his name! Rain is who he is and who his fans think of when they hear it. I say he alters the spelling to Reign because he is going to win this case and reign in the U.S.
i hope he wins, so he can keep his name
That’s right kkachi…
He is not very famous like Tom Cruise or maybe Justin Timberlake… But most people know him as Rain. Maybe he is not famous in US but I not say that people in US know him. When I said about asking people about who is Rain, it’s not only for American but people around the world. I’m sure that most of people know “Rain” as a popular name of Korean singer. Just try it….
hey..I’m not in Korea or even a Korean….*^_^*
he is huge in korea hes on huges posters and billboards everywhere, butlike in the US ifg you ask who your fav singer is, not everyone will say MJ or justin or usher, but rain is alot more iconic than any of the singers in the US at the moment, its probably because noone else ever has managed to reach this sort of status in such a short amount of time only less than 5 years! and who has been so successful in both arenas of entertainment? its true, rain is not the best vocalist in korea, but who else does so well at both? no timberlake, no jackson, no usher, who? if you talk about other entertainers and ppl ask, what are theyfamous for? you either say singing or acting, but with rain you can never say just one, as he does so well in both areas, rain is morelike an ambassador than anything else
Uhmm yeah Kkachi…
this “band” formed in early 2004, bi debuted 2 years earlier than they did
-xxcrazy_onex
That’s wrong, I dont know where he got that, but THIS is right.
http://en.wikipedia.org/wiki/Rain:_The_Beatles_Experience
When you google RAIN you get atcual RAIN like the weather, and the Korean Pop Singer
When you Google RAIN BAND you get those old fuckers.
They’re just being assholes. They never use RAIN as their name, they use RAIN: THE BEETLES EXPERIENCE.
They have no right. there is no Rain.com even though that wasnt the point of your story, they use RAIN-BAND.com
Which makes the point that they are known as RAIN the BAND never ever only RAIN. Rain is the singer’s sage name, that’s what everyone in half of the world knows him as, and anyone (if anyone) who knows of this RAIN: The Beatles Experience, knows them as just that or “Rain the Band”
I personally dont think they have the right to make money off of music made by a particularly well known band by the name of The Beatles, but I guess some older people like to have “live performances” from “Beetles Look-alikes” but that Generation will die.
I grew up with the Spice Girls, I would not pay to see a group of girls who dress up like them, singing their songs. The Spice Girls are Over, and thats fine with me, Im over it.
Rain is new
Rain is now
Rain is popular
Rain is Rain and not a band
I think anyone who has a problem with it is just jealous.. or racist.
P.S. If anyone has any right to sue Rain it’s the natural environmental occurrence, rain. When the “rain gods” feel like sueing Rain then I’ll step aside.
that’s ridiculous! they’re being so hysterical. Rain was known to be Bi or Rain. I mean c’mon, geesh. I hope that you wont change your name.
..Doesnt seem like its not for the publicity..more like.. it’s the money..
“In 2007, Rain: The Beatles Experience, filed a lawsuit against Rain (singer), a korean singer and actor with international recognition. Rain was scheduled to hold concerts in Honolulu, Hawaii on June 15, Atlanta, Georgia on June 19, New York City on June 23, San Francisco on June 27, and Los Angeles on June 30. This was part of his 2006-2007 world tour. However, Rain Corporation filed a trademark infringement lawsuit against Rain, his former management agency JYP Entertainment, and Star M Entertainment (concert organizer) over the use of the name ‘Rain’. The case was filed at the Nevada district court on February 16. All but the Los Angeles concert have been canceled, causing much confusion, anger, and emotional damage for Rain’s fans.
Rain Corporation claims they have copyright over the name Rain, even though they do not use the solo term ‘Rain’ at all, but ‘Rain: The Beatles Experience’. The lawsuit states trademark infringement and asks for an injunction and seeks damages plus three times the profits attributable to the Defendants infringement of the Mark. In other words, they wish to be paid Rain’s profits times three. Representatives for Rain Corporation were contacted by Pollstar but declined to comment on anything regarding the lawsuit.”
- http://en.wikipedia.org/wiki/Rain:_The_Beatles_Experience
This is all publicity cover up for low ticket sales.
Legally, a name cannot be copyrighted. A copyright subsists in original works of authorship fixed in tangible form. A claim to copyright are for works such as films, art, plays, books, photographs. But not for words.
However words like “Rain,” can be a Trademark. Rain is a very common word and may be difficult to gain trademark status. Furthermore, a Trademark can represent various items or “classes.” A trademark is an identifies the entity that produces goods or services. If a person or company, has been granted a trademark, that person or company is required to defend it, if it not defended then the trademark could be lost. For example, Asprin was a trademark before, but the company that owned the produce did not defend it so Asprin became a common word. Same thing almost happend to the company Xerox, people were using the name (trademark) Xerox in everyday language to mean make a copy. “Make me a Xerox of the document.”
Bottom line, if the Rain Corporation did have a trademark in the name they were defending it because they had to. Rain Corporation was required to write a cease and desist letter to “Rain” the singers company and request that they stop using it. This is a formality. Rain’s people (singer) just had to change the name of the Title of Concert. There are other trademark issues that can be argued. But regardless, this was not why the concerts were cancelled.
Rain has good PR people to make his fans believe it was not because of low tix sales. The whole legal issues of Trademark, Copyright, Permits, Union, etc. are just to make the fanbase believe this was out of his hands. It easy to fool a young fan base. But in the end Rain, Bi, Jung Ji-hoon whatever name he will go by in the future will be back and prevail.
RAIN CORPORATION, a Nevada corporation, Plaintiff, v. JYP ENTERTAINMENT, LTD. a Korean limited company, JI-HOON JEONG a/k/a RAIN, an individual, STAR M ENTERTAINMENT, a Korean company, Defendants.
UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEVADA
June 21, 2007, Decided
June 21, 2007, Filed
Factual Background
This is a trademark and unfair competition action arising from Jung’s use of the word “Rain” to identify himself. Plaintiff is a Nevada corporation in the business of producing and performing musical events featuring its Beatles tribute band called “Rain.” Plaintiff has used the mark “Rain” since 1975 to identify its musical band and services. Plaintiff registered the mark “Rain” for entertainment services with the United States Patent and Trademark Office in 1988. Plaintiff has performed in approximately thirty states, most Canadian provinces, Jamaica and on international cruise ships.
Defendant Jung is a Korean singer, dancer, model, and actor. In Korea, throughout Asia, and among Asian-American fans in the United States, Jung is primarily known as “Rain.” Jung adopted the Korean name “Bi” (in Korean script), a Korean word that means “rain,” as his stage name. Since 2004, Jung has starred in several television shows broadcast throughout the world via satellite, cable, and availability on DVD. Jung began performing in the United States in February of 2004. In February, 2006, Jung held his first solo concert in the United States at Madison Square Garden. Jung has recently commenced a tour of the United States as part of his 2006-2007 world tour that began in Korea in October, 2006.
As a result of Jung’s use of the term “Rain,” Plaintiff filed this action. At this time, Plaintiff is seeking a preliminary injunction preventing Defendants from using the “Rain” mark, or any confusingly similar variation thereof, in conjunction with the sale, offer for sale, promotion, advertising, or provision of any goods or services in the United States.
Legal Standard
The Ninth Circuit uses two alternative tests to determine whether a preliminary injunction should issue. According to the “traditional test,” the equitable criteria for granting preliminary injunctive relief are: (1) a strong likelihood of success on the merits; (2) the possibility of irreparable injury to the plaintiffs if injunctive relief is not granted; (3) a balance of hardships favoring the plaintiffs; and (4) advancement of the public interest.. In the alternative, the Ninth Circuit uses a “sliding scale” or balancing test where injunctive relief is available to a party who demonstrates either: (1) a combination of probable success on the merits and the possibility of irreparable harm; or (2) that serious questions are raised and the balance of hardships tips in its favor.
Discussion
In its complaint, Plaintiff asserts causes of action for trademark infringement pursuant to 15 USC Section 1114(1)(a) unfair competition pursuant to 15 USC Section 1125, and common law unfair competition and trademark infringement. The test for trademark infringement and unfair competition claims is whether the alleged infringer’s use of a mark is likely to cause confusion. “The test for likelihood of confusion is whether a ‘reasonably prudent consumer’ in the market place is likely to be confused as to the origin of the good or service bearing one of the marks.” In determining whether there is a likelihood of confusion, the Ninth Circuit has looked to the following eight non-exclusive factors: strength of the mark, proximity of the goods, similarity of the marks, evidence of actual confusion, marketing channels used, types of goods and the degree of care likely to be exercised by the purchaser, defendant’s intent in selecting the mark, and likelihood of expansion of the product lines. However, this list of factors is not a “score-card” and the relative importance of each factor is case specific. The likelihood of confusion inquiry is inherently factual and usually requires a full record.
In the case at bar, the court has carefully considered the parties points and authorities along with the evidence presented and concludes that a preliminary injunction is not warranted. The court’s preliminary analysis of the Sleekcraft Factors indicates that some factors favor Plaintiff while others favor Defendants. Although Plaintiff has presented sufficient evidence to the court to demonstrate that this case raises serious questions, there is insufficient evidence to demonstrate a strong likelihood of success on the merits or that the balance of hardships tips in Plaintiff’s favor. The court reiterates, however, that the likelihood of confusion inquiry is a factual inquiry that generally requires a full record. Based on the record currently before the court, it appears that the question of whether Jung’s use of the term “rain” is likely to cause confusion is ultimately a question of fact that can only be determined by a jury.
With regard to the injury asserted by Plaintiff, Plaintiff argues that Defendants use of the word “rain” in the United States will destroy its hard work and investment because it will be forced to explain to the public and music venues that Plaintiff is not the Korean “Rain.” Other than speculation, Plaintiff has provided no evidence that its hard work and investment will be destroyed. Moreover, the prevailing party in a trademark infringement action is entitled, subject to the principles of equity, to recover (1) defendant’s profits, (2) any damages sustained by the plaintiff, and (3) the costs of the action. Hence, the harm Plaintiff seeks to avoid is compensable to the extent Plaintiff is successful in this litigation.
Similarly, the court finds that in assessing the need for a preliminary injunction, the balance of hardships favors Jung. If Plaintiff ultimately prevails in this action, the harm it will suffer should no injunction issue is its loss of control over the use of the mark “Rain.” Beyond this, Plaintiff has yet to provide evidence indicating that it will suffer any actual harm. Jung, on the other hand, is currently beginning the United States portion of his 2006-2007 World Tour. Should an injunction issue, Jung will likely incur substantial costs in communicating the name change effectively. See (Decl. of Sangbong Byun P 13.) Defendants have invested more than three million dollars in the United States portion of Jung’s world tour. Id. As part of this promotion, Defendants have prepared concert-related merchandise, such as t-shirts, hats and phone straps that would have to be withdrawn from the marketplace should an injunction issue. Id. Finally, it is certainly possible that an injunction would confuse Jung’s fans as to whether he is actually performing and cause those fans to return tickets or decline to attend Jung’s concerts.
In short, the limited evidence before the court fails to show that Plaintiff has a strong likelihood of success on the merits. Furthermore, there is insufficient evidence of irreparable harm should an injunction not issue. Nonetheless, Plaintiff has raised serious questions with respect to trademark infringement that will likely need to be decided by a jury. Despite the questions that have been raised, an injunction is not appropriate because the evidence before the court at this stage indicates that the balance of hardships favors Defendants.
IT IS THEREFORE ORDERED that Plaintiff’s Motion for Preliminary Injunction is hereby DENIED.
IT IS SO ORDERED.
DATED June 21, 2007.
LARRY R. HICKS
UNITED STATES DISTRICT JUDGE
I think Rain should keep his original debut name ‘Rain’. The legal issue in Nevada make no sense at all. I agree in IPR (Intellectual Property Right) but not in this case though. If rain has to change his name, make it nice & easy for your fans though. Maybe something like ‘Rocky Rain’. See P.Diddy (Sean Combs) as the example, he changes many names but he is still the king of hip-hop.
America has nothing better to do with their time. i agree, dont change ur name because of the ignorant americans crappy views. ROCK ON hottie! u are the sex!
Rain is a great name, but “Bi” is gay one.
never ever changed your name rain!!!!
if i could just kill those people who wants your nama to be changed,, i will kill them!!!!
stay as you are, people loved you as RAIN.
RAIN IS RAIN!!! WHO THE HECK IS THE OTHER ‘RAIN’ THERE!!!! DAMN YOU!!!!
MORE POWER TO YOU RAIN!!
WE WILL SUPPORT YOU AS WE LOVED YOU BEFORE!!
SARANGHAE!!!
for me i dont want to change your name
because thier a lot of your fans loves your name…
above all,as one of your fans,i really like your name
as RAIN,when i heard your name, its heard like a rock,
as celebraty,as a model,as international artist…
and now, pls dont change your name as much as you can
because thier a lot of your fans likes your name
and i’m one of them……….
and what ever happened..
i will support you as we LOVE you ever
]MORE POWER TO YOU RAIN[
infernis……..i really like you..
and o want to see you in personal hahahaha
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