Big Hit’s Appeal for ‘BORAHAE’ Copyright Rejected – Who Owns the Trademark?

As of October 21, Big Hit Entertainment's plea for copyright on the term 'BORAHAE' was rejected by Korea Intellectual Property Office (KIPO).

But what is the basis for denying the entertainment agency the copyright? And the capital question is - who owns the memorialized trademark?

Big Hit Denied for 'BORAHAE' Copyright

The color "purple" is endearing to the ARMYs, as the one who coined the term said that this color signifies "trust" and "love."

To further memorialize the bond between ARMYs and BTS, the term 'BORAHAE' was born during a BTS concert last 2016. Speaking the ARMY-BTS language, it means "I Purple You," which could be translated as "I'll love you 'till the end of days."

Fast forward to 2022, the endearment has garnered popularity, to the point that matters were elevated on a legal basis!

In 2021, LALALEE, a cosmetic brand, attempted to submit copyright for the term 'BORAHAE.' As expected, the submission was withdrawn, and the cosmetic brand apologized.

According to the entertainment agency, the various attempts to "acquire the rights to representative terms related to HYBE and its artists" is a serious issue. Thus, Big Hit Entertainment needs to act and "file for the copyright themselves."

As legally guided by the Trademark Act's Article 34 (1) 20, KIPO did not give Big Hit Entertainment the copyright for the trademark.

To contextualize the legal basis, KIPO acknowledges BTS member, Kim Taehyung (professionally known as V), as the term's creator.

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This means that if Bight Hit Entertainment wants to inherit the copyright for the term 'BORAHAE,' V needs to recognize the agency and give his permission to the entertainment label for the copyright. V could also attempt to file for copyright himself, as per Korean media outlets report.

Additionally, since V and Big Hit Entertainment have an employee-employer relationship, the company could not apply the copyright for him.

Reports also clarified that although BTS member V "does not officially own" the copyright, he has been recognized as the term's coiner. Hence, have rights to the trademark.

BTS ARMYs react to the 'BORAHAE' issue

This incident caused ARMYs to have divided opinions. Some fans feel that V's entertainment agency is removing credits from him, while some see this action as Big Hit's way to protect their artist and the fans.

On Twitter, here are some of the fans' comments:

"Hybe stop pulling away Taehyung's credits from him. The world knows Borahae was coined by him. Give him his due! Respect your artist! #BorahaeKimTaehyung #BorahaeV"

"i purple you "/ " borahae" belongs only to Kim taehyung ,and Kim Taehyung only."

"Some of you need a lesson in reading comprehension. Hybe filing a trademark for Borahae was not taking it from Tae, they were trying to protect it for BTS & Army."

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Accordingly, Big Hit Music remains strict regarding the unauthorized use of artist portraits and trademark rights, as manifested by their on-site actions during the 'Yet to Come' in Busan.

ARMYs, what are your thoughts on this decision by KIPO?

KpopStarz own this article.

Sophia Carson wrote this article.