Thursday, June 14, 2007

Did a trademark really sink Rain?

In a battle among obscurities for a place in American popular culture, a Beetles cover band "Rain" has filed with a Nevada court to stop Korean singer "Rain" from playing in the US under that name. Specifically, its the owner of RAIN, US registration number 1572476. The mark claims a first use all the way back to 1979. The Chosun Ilbo article insinuates that the case has pushed back the Korean Rain's US tour.

While I doubt the Chosun is correct (a bit of a long story), what I find interesting is Rain's folks seemed to be well aware of the US trademark conflict. In 2005 the Korean Rain's management firm JYP Entertainment filed for a trademark RAIN in the US (application no. 79022529). That application avoided claiming class IC041 (music performances) for which the US Rain's mark was registered in. JYP dropped the application once Rain defected to his current management company, Star M. Why this known problem was not handled with before hand baffles me.

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