[INFO] 110503 Jaejoong, Yoochun and Junsu Have Every Right to the Name TVXQ – And Also Have Respect
The term “TVXQ” is a “name right” and therefore belongs to those to which it designates, namely the five members. In other words, the persons who own the name “TVXQ” are the five members jointly and not SM nor merely the two persons remaining in SM.
SM has repeatedly attempted to register this as their own right, but the Korean government rejected their applications for all those times, stating what we already know– the name TVXQ is not trade-markable by SM because it is a name that belongs to the persons to which it designates, namely the five members, jointly.
Therefore, Jaejoong, Yoochun, and Junsu — as co-rightsholder to the name “TVXQ” — have every right and power to object to the name’s continued usage if they wisheither by SM or the two persons remaining with SM. They can do more than just object– they can sue and obtain an injunction (for the users to stop using it without their consent) and also obtain monetary damages. Nonetheless, as you will see below, Jaejoong, Yoochun and Junsu are respectful to the history of TVXQ as five — and in effect, respectful to the fans who loved the TVXQ as five.
Please click the Cut to see the more detailed materials.
JYJ have legal right to use the name of TVXQ as well as the other two. They just DO NOT use it, and it doesn’t mean they cannot. Why do you think they did not decide to use TVXQ, a highly noted name which could have helped in their new steps? Let’s find out what JYJ think about this.
<Interviews of JYJ regarding two members’ using the name TVXQ>
[E-Daily] Title: “We wish a good luck for the TVXQ duo”
Original Source: http://spn.edaily.co.kr/entertain/newsRead.asp?sub_cd=EA31&newsid=01095526593200488&DirCode=0010301
Q.Were you not sad when you heard the news about the comeback [TVXQ ACT II]?
A) Actually we considered whether we would use the name TVXQ or JYJ. We thought of using TVXQ, but we also thought that it would not be courteous to the other two members as well as our fans. We thought TVXQ would only be completed when all five members are together. Now that TVXQ is coming back as a duo, the possibility of TVXQ with all five members is gone. I feel a little bit sad about that. (Junsu)
[OSEN] Title: “We are TVXQ, before JYJ.” – First interview of JYJ
Original Source: http://osen.mt.co.kr/news/view.html?gid=G1012200065
Q. The other two members of TVXQ at SM are starting their promotion from January.
What do you feel about this?
A) We wish them good luck. It is good news that they start their activities and we would like to support [them.] But honestly, it’s sad that they decided to use the name TVXQ. We don’t want to draw lines like that they are TVXQ and we are JYJ because we’re also TVXQ before JYJ. We think the name ‘TVXQ’ would only be meaningful when all the five members are together. We were thought hard about our new name, and finally made the decision to use JYJ which just stands for the three’s own names rather than TVXQ because of this reason. So we have mixed and sad emotions.
JYJ could raise an objection against the two and SM using the name of TVXQ without any of their consent at any time. But they just did not do so, as a sign of respect for the decisions made by the members of TVXQ.
Fans had thought the same. It was every fan’s absolute belief that TVXQ would be meaningful only when the five members are together. If the two members sincerely had wanted to carry on ‘TVXQ’s legitimacy’ as they insisted, they should have at least asked for some kind of understanding, or taken thoughtful steps in order NOT to hurt the other members as well as fans who stood firm in their belief.
Even though the two and SM had no legal rights to use the name, they released ‘5th Album of TVXQ.’ Surely, these are not the only mistakes Yunho, Changmin, and SM have made. Yunho and Changmin, especially, have no one else to blame but themselves for the current, not-so-friendly popular sentiments in the TVXQ fandom regarding TVXQ Act II, as they have returned loyal fans’ unrelenting support with lack of courtesy, inconsideration, and disrespect.