Thursday, February 3, 2011

Another short post regarding TVXQ's name

I hope this post will settle the arguments regarding HoMin's use of TVXQ name.

Check out the article below.

http://spn.edaily.co.kr/entertain/newsRead.asp?sub_cd=EA31&newsid=01095526593200488&DirCode=0010301

Here's a quote from Junsu from that article and its translation in italics.

- 컴백 소식을 듣고 아쉬움은 없었나요
▲ 사실 저희도 컴백할 때 JYJ 팀명을 쓸지 동방신기를 쓸지 고민했었어요. 동방신기를 쓸까했는데 그건 팬들에 대한, 또 다른 멤버들(유노윤호, 최강창민)에 대한 예의가 아니라고 생각했거든요. 오로지 다섯 명이 함께 할 때만 동방신기가 완전체가 된다고 생각했어요. 이제는 2인조 동방신기가 컴백한다고 하니 5인조 동방신기가 다시 뭉칠 가능성도 없어진 거잖아요. 그런 부분에 있어서는 좀 아쉽죠. (준수) 

-When you heard about (TVXQ with HoMin) the comeback, was there any disappointment?
▲  Actually when we came back, we debated whether to use JYJ or TVXQ for the name of our team. We thought about using TVXQ, but we didn't think it was respectful to the fans or to other members (U-Know Yunho, Max Changmin). We thought TVXQ is complete when all 5 are together. Since TVXQ with 2 are coming back, the possibility of 5 TVXQ uniting together disappeared too. That was disappointing. (Junsu)

But some fans insist that the rights to TVXQ name belongs to all 5; therefore, HoMin and SM cannot use TVXQ name.

Are those fans calling Junsu a liar? If HoMin cannot use the name because they're only 2, then neither can CJS since they're only 3, but Junsu was saying CJS were choosing between JYJ and TVXQ. So it's either Junsu was lying in his interview, or it's ok for HoMin to use the name. Please fans, you must choose one or the other. I trust Junsu in this case, and I hope other fans agree with me. It proves that HoMin can also use TVXQ name.

Here's another article published at the time of JYJ's debut.

http://sports.khan.co.kr/news/sk_index.html?cat=view&art_id=201009292004173&sec_id=540101&pt=nv

The first paragraph describes how CJS came up with the name 'JYJ', and here's the part of the second paragraph. (translation in italics)

세 명은 '동방신기'라는 상표권이 SM엔터테인먼트에 있기 때문에, 이후 발생할 수 있는 법적 문제를 미연에 방지하고자 새 이름을 사용하기로 했다. 자신들의 개별활동과 동방신기의 활동에 선을 긋겠다는 의지도 있어 보인다.

To avoid any possible legal problems in the future, the 3 decided to use a new name because the rights to the TVXQ (동방신기) brand belongs to SM Entertainment. It appears to show their determination to draw the line between their own activities and TVXQ activities. 

* bloggers note: The original Korean text says "상표권 (trademark)", but in this case, the word should translate as "rights to the brand".

The article is straightforward, nothing for me to add.

Lastly, the injunction judgment only allowed CJS to do individual activities, and they are still technically under SM. The contract with SM is still valid, but the court only suspended its effect until the main lawsuit, so any TVXQ activities must be done under SM. HoMin are still working with SM, CJS are not, so it is pretty clear who has the rights to use the name, TVXQ.

142 comments:

  1. yay first comment xD
    WoW the trio themselves state that TVXQ is registered by SM.

    So, TVXQ belongs to SM PERIOD

    Hopefully a lot of people would stop causing problems about the name xD

    Thanks again Precious :D

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  2. @pinkdreamer : i know right. so damn frustrating. but this was in 2010 before HM's debut right? before all the drama so everyone was happydopey about everything. but now they seem to forget that these words came straight from "their boys'" mouths. heh. try posting this on some you-know-who's site and check out the response.

    @precious : i second your statement. the fact that jyj mentioned they were debating between both names just proves that while they may have been able to use that name, HM can do so too. This brings me to my next point. I think I commented in ur previous post, even if the name wasn trademarked, jyj knew they wouldn have it easy should they attempt to promote under the name TVXQ after the lawsuit and all the chaos. just pretty sensible stuff, thats all. Thanks btw!

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  3. @ Gayathri
    In my opinion, I don't think they could use the name even if they wanted to. As I posted in my article, the court only allowed them individual activities, so they really couldn't use the name, but they were just playing the fans with their interviews as usual.

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  4. @ Gayathri
    I think that the trio and KCasseis knew about the comeback in 2009, because it was mentioned in HoMin's statement in the 2009:
    ''We believe we need to start preparing for the Korean activities planned for next spring at least 6 months in advance before our big future becomes uncertain. We hope the 3 members can make a decision before it's too late if they truly want to continue as TVXQ.''

    So, i guess they were using this drama to ruin TVXQ's comeback.

    @ Precious
    true, because they asked the court to be able to do individual activities and that means they have to perform as individuals not as TVXQ's members.
    again, common sense xD

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  5. i ever read this interview before but reading it this time after HoMin comeback ..Yes Junsu's interview was used in many fansite to bash HoMin! grrrr...r
    though it's obviously clear but im sure someone could come out with (own)valid excuse for their side to make a controversy again! *grabbing popcorn* & *sharing popcorn to everyone here* hahaha

    ReplyDelete
  6. @adrenalinss could i have some of that popcorn pls. haha drama keeps getting more n more interesting as everything unfolds. Go Precious!

    ReplyDelete
  7. @ Gayathri and adrenalinss

    Let me joint to :) and I have pepsi/coke/whatever drink ya'll want XD

    ReplyDelete
  8. @gayathri, adrenalins, and hotaru:
    let me join! I just ordered some pizza for us XDD

    Okay. I've read those articles before, but I couldn't recollect it to TVXQ's trademark. Now it's pretty clear TVXQ belongs to SM. JYJ's side even admit it.

    IMO, what JYJ did has not backfired on SME but to them selves. Knowing that SME obviously has the trademark of TVXQ and their stage names. Plus both Yunho and Changmin are not minor anymore. SME could 'probably' claimed TVXQ is Yunho and Changmin. The three wont have a chance if SM makes this moves (and if both YH and CM agree :P). Homin has the privileges of TVXQ's name. I think JYJ aware of this too, because in recent interview, Yoochun stated "I feel that the most important is, if the 2 sides need start building a bridge that can allow use to be together again.". (source: http://sharingyoochun.net/2011/01/17/news-park-yoochun-would-definitely-act-again-if-there-is-sungkyunkwan-scandal-2/)

    Actually when I read YC's interview, I kinda sadden, but then if JYJ's intention is really wanna get back as 5. He shouldn't release 'nameless song' in the first place, since both Homin has stated since the beginning they ll stay with SME. How could Homin make a bridge for them if SME has already irk... This drama is really really really bigger than how it looks XDD

    Anyway, sorry if my opinion is out of place. Just need to ventilate it. XD

    Thanks Precious.

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  9. "Since TVXQ with 2 are coming back, the possibility of 5 TVXQ uniting together disappeared too. That was disappointing. (Junsu)"

    Oh Junsu! As if there was a possibility of that in the first place! As if you guys actually did something/tried to make it happen/care enough about it! Remember when Yoochun wrote this on you guys' vacation time:

    "It's the first time in 7 years we can smile happily without thinking of anything"

    NOT THINKING OF ANYTHING!! Not TVXQ, not the lawsuit, they don't effin' care! everything is fine as long as JYJ rules and TVXQ/Homin get buried under the ground.

    If so, then be it! But then why did you shift the blame to the 2 when all this mess started by you and your pals!? Why you're the one who has the right to be "dissapointed" at this rate?
    Why the hell the 2 should bear responsibility for your decision , when they can't just introduce themselves in other group name, or change their entity as easily as you? Why the hell you use "TVXQ is only complete when 5" as a reason to put them static & jobless?

    Junsu, junsu, you shouldn't use some fans emotion just to secure your market, got it? Thanks.

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  10. Oh precious, I'm so sorry for being so off topic. You can delete my childish post if you mind. I'm just so disgusted and its sad since I used to respect Junsu so much.

    ReplyDelete
  11. @ lapis.lazuli:
    LMAO. Thank u for saying things that I can not write XDDD

    ReplyDelete
  12. I just found out about this blog two days ago from a comment on the kyhd mv on youtube. I became a fan of dbsk at the beginning of last year and was shocked to find out about all the problems they were/are facing. When I found out about the lawsuit, for some reason I was on homin's side even with all the negativity that surrounded them. It didn't seem right to me that cjs were the victims and homin were the stupid ones for staying with sme. So thanks precious for this information because there is very little to no support for homin on most of the fansites or kpop news sites. As an international fan who lives in england I thank you for translating especially homin's fathers letters. I coudn't believe they were that harsh and uncouth and you've proved me right, after all they are the fathers of two dignified young men. I think even now Yunho is still protecting the other three at the cost of his own reputation. Changmin on the other hand would have spilled everything if it wasn't for Yunho coz he is very angry with those three and who can blame him. I sincerely hope the truth prevails in this case and all bashing quietened down by the truth. I fear they will never be close again because the two will never trust the three ever again. I woudn't if it was me. Like someone said it will be easy for cjs to reconcile with sme than homin. I don't think cjs knew that things would get this bad though and their friends would to have to pay for their mistakes, I think they regret that very much. sorry for going on and on. Again thanks a lot for this blog and the evidence you provide, which is more than what jyj supporters are doing.

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  13. I forgot to say as well about the use of the name tvxq, yunho and changmin did not walk out of tvxq, the other three did. If Junsu does not want to work with homin because they chose to use tvxq then so be it. Yunho and Changmin have worked long and hard for that name that they deserve to use that name even without the other three. A lot of people keep saying that it was sme who made them use that name. I don't believe that. I think homin have a lot more say than they are given credit for, and I think it was their decision to use that name. I could be wrong but I think it was their decision.

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  14. @ayeopan, @hotaru, @adrenalinss ok folks, slumber party, this is gonna be one loonggg show. *passes the pizza and chips around*

    @lapis.lazuli realax dear. I actually know how u feel. Been a fan only since last august but I rmb being very confused about the whole lawsuit thing. I rmb feeling so terrible for the trio because of all they were going through(even though I've always had a slight HM inclination). I rmb hating on SME's board of directors (NOT the other celebs) for being such "cruel troublemakers". And most importantly, I rmb giving all my heart when JYJ released their album n did their WORLDtour. I felt so happy for them because I respected them n loved them. Now I receive more information and I feel somewhat...I won't say betrayed but more disappointed n upset. I cant bring myself to be mad at the trio but im now just indifferent to them. I would @ this point really really like HM to be left in peace. Really.

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  15. Thats why Yunho is a leader.. xD
    he always talk carefully to protect TVXQ image or other member image.
    your word can be your enemy
    @Precious
    most people who read your blog leave with "i cant believe it. omg omg omg" lol
    they more focus to trademark matter than Crebeu matter (laugh hard) imagining if their age at 50 and still using their face for selling cosmetic.
    after read your blog for me it doesnt matter SM lose or win. my bow still for Yunho and Changmin

    ReplyDelete
  16. Hi Precious, your blog is cool. You give the facts and ground. Quite logic and realistic enough. Reading all of your posts is like reading a law journal. Did u study law ever? Indeed the topics are quite heavy but see how many people/fans come here and give comments, i think u are now educating people to be more realistic, logic and legal minded. Actually I really like your style to handle this matter. very confident and cool. May be because you are a Man. Hahaha..This is my first comment, so just keep the good work up. Can't wait for your next treasure. What is the next truth? Precious fighting!!!

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  17. i had to retype my post. gosh!!!
    but i feel the need to comment.ha ha


    I laughed at the logic of your post. SO ironic isn't it? They feel the need to distort facts even if it was from there precious JYJ mouths just to "protect/defend" them. I mean really how could something be so low?

    and it really annoyed me to the highest level when Junsu said He was disappointed about Homin using the name TVXQ when they(JYJ) even thought of using the name without the 2 members. grrrr. he so contradicting himself only thinking of themselves without regards to the other two members what is beneficial to them. *shakes head*
    it would really do good if they stop answering questions like this or freaking bring everything up when they talk.


    Everything is about them JUNSU THIS, JUNSU THAT/ JYJ THIS, JYJ THAT. WHAT ABOUT HOMIN, CASSIES TURNED JYJ FANS????totally lost respect for them.

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  18. You know by reading this part of Junsu's, "We thought TVXQ is complete when all 5 are together. Since TVXQ with 2 are coming back, the possibility of 5 TVXQ uniting together disappeared too. That was disappointing." I think he using this excuse to passing the blame onto HoMin (and SME) in regard of "disbandment" of the band, when they know they don't want to go back to being TVXQ at all, but use this to get their fan's sympathy to support them and abandon HoMin (as usual tatic). *A*

    @ayeopan, @hotaru, @adrenalinss, @Gayathri

    WOW!!! We have a slumber party here XD, who else wanna joint us?

    ReplyDelete
  19. i still, and probably never would, get why crazy jyj stans are blaming homin for using tvxq -why can't they see the simple fact that the trio has left tvxq? and where the hell was that idea of 'jyj should sue homin for using tvxq name' thing?

    now every little thing homin does = evil. having such lyric in kyhd = bad, still using the name tvxq = wrong, not mentioning the other members in their thank you message = traitor. what's next? blaming them for even singing on stage because ~*back stabbers*~ shouldn't be there?

    urgh. i can never understand some fans. and don't get me started on junsu.

    i'm so sorry i ranted. ;_; thanks for another awesome post! you are really precious!♥

    ---
    wow slumber party! can i join? D:

    ReplyDelete
  20. @ jaegiya

    yep, feel free to joint, so far we have popcorn, drink, and pizza... XD

    so far attendants are ayeopan, adrenalinss, Gayathri, me, and now you... anyone I miss? hehehe...

    yeah, it sad that HoMin and SME got blame for everything they do by crazy JYJ stand. JYJ is not in the center of the universe, and not everything HoMin and SME do are relate/against/attacking/whatever reasons to JYJ

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  21. Hey precious. thanks again for another post ^^ I'm glad JYJ acknowledged that the rights to TVXQ belong to SM. However, I think that a lot of JYJ fans aren't against HoMin's use of TVXQ on a legal basis, but more of on a sentimental basis. They might not care who has the rights to it or not; what I see a lot of people arguing is what Junsu said: ""We thought about using TVXQ,***but we didn't think it was respectful to the fans or to other members (U-Know Yunho, Max Changmin). We thought TVXQ is complete when all 5 are together.***"

    I think that reason is why a lot of fans are against the name. Not because they think SM doesn't have rights to it, but because of the whole "TVXQ is only TVXQ when there is 5" sentiment. Of course I know some fans are arguing about SM's supposed "illegal" use of the name, so hopefully your post will clear this up for those folks.

    Also, you said, "If HoMin cannot use the name because they're only 2, then neither can CJS since they're only 3, but Junsu was saying CJS were choosing between JYJ and TVXQ."

    Yes that's true that JYJ were considering it but the part after that ("but we didn't think it was respectful to the fans or to other members...We thought TVXQ is complete when all 5 are together") again is what fans are using to argue the wrongness of a 2 person TVXQ.

    Sorry if it feels like i'm attacking or challenging your argument. I just wanted to state this just so you if you didn't already know this you can understand the JYJ side of the argument more so we can have a stronger argument against them.

    Personally, HoMin deserve the name because they stayed. I know JYJ left the company, not HoMin, but it hurt me when they so quickly started promoting together as only 3 without HoMin (even though they stated they wouldn't), named themselves JYJ (which meant they were ready to leave TVXQ behind) and named their album "The Beginning". They keep saying they want to be 5 again but I don't really see that. They constantly say they're the happiest they've ever been now and don't regret any of their decisions. Not to mention Jaejoong got that tattoo of Micky's and Junsu's names only. Sorry if i'm ranting. What i'm saying now doesn't really connect to your post, but yeah this is why i'm ok with HoMin using TVXQ. JYJ might say they want TVXQ5 back, but their actions don't show it.

    Again, thanks for everything. Just wondering, what topics are you planning to cover in upcoming posts? I'm curious :P Thanks precious :)

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  22. @ uknowgirl86

    i understand your thinking/see where your point come from since I did see that reason popping up pretty often in Allkpop. JYJ fans also use Changmin's old quote “Only when the five of us are together, are we called TVXQ!” to criticizing/attack against HoMin for using the name when it only 2 of them. I think JYJ (crazy) fans need to think/look at the situation carefully before use that quote against them. The situation at that time and now is DIFFERENT, it NOT the same. At the time, the 5 are TOGETHER with same ideal and dream, but now the 3 have left them behind (not the other way around), the situation (and their ideal and dream) no longer the same.

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  23. @Gayathri

    Actually since the beginning of the lawsuit I never blame/hate any side. I never joined the SM or avex bashing nor JYJ/Homin bashing... breaking the contract, and just the 3 of them, never seemed right for me, but I kept thinking that I was not in their shoes so I wouldn't understand.
    If only they left TVXQ and that was it, I might be depressed and dissapointed, but I wouldn't feel disgusted at them as people. But these prolonged self pity/ words inconsistency/words and actions contradict each other/TROLLS & DRAMA, bleh bleh u name it, yeah... That's the main prob for me :(


    @Jaegiya

    The problem is, JYJ themselves make the fans like that. They wanted to use JYJ and TVXQ name at the same time (I don't know now, though)... And this is not my assumption. They said they're still TVXQ and want people to consider them "branching out" rather than leaving... Bleh... What a nice move they've done to branch out, huh? Apparently the "slaves" demand a bit much lately.

    @Hotaru
    Me want to join. X0 Oh, do you use a same profile pic for an LJ account, and was a ___hug reader? 8D

    ReplyDelete
  24. @Hotaru Yeah, allkpop is where I see it a lot from. It feels like 70-80% of Cassies on there are JYJ biased. And yes, I completely agree about the Changmin quote. They also use some of Yunho's quotes to bash them. But the thing is, HoMin could have never imagined that the situation would become like it is now. It was completely different then. JYJ were still there and obviously they weren't as against being in SM as they are now. This situation is way out of HoMin's hands. They can't do anything about it. Back then the circumstances were totally different. JYJ hadn't left and proclaimed their hatred for SM everywhere, so that's why Yunho and Changmin could say that. At that time they all thought they were going to be 5 forever, but obviously now it's impossible since JYJ left. Not HoMin's fault. Sorry if i'm ranting again...lol. It's just that the arguments against HoMin are often so frustrating and illogical. I hope everything is cleared up soon and ends the best it can for both sides.

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  25. @ lapis.lazuli

    After reading all the comment from this and previous (Precious's)post. I begin to feel as though JYJ want to milks as much as they can from their fame as TVXQ/DBSK as they can to promote JYJ, so when they leave SME or TVXQ, they will still be famous and have lots of fans follow them. I can't help but feel this way at the moment T.T

    "Oh, do you use a same profile pic for an LJ account, and was a ___hug reader? 8D"

    hehehehe... XD - but I changed my to new pic now but still my beloved (virtual) pet/daughter pic. You? _hug (or DBSK/TVXQ fanfic) reader 8D? I may be disappointing at CJS, but I'm still DBSK/TVXQ coupling freak ohohoho... that I won't deny it :P

    ReplyDelete
  26. @Hotaru

    Many people think like that too, actually, even some of my friends who's not a fan.maybe it's unconsciously, but yeah, that's what they're doing...

    Hehehe I guess I'm one of the authors there whose stories u followed xD

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  27. @apooli
    "I think even now Yunho is still protecting the other three at the cost of his own reputation. Changmin on the other hand would have spilled everything if it wasn't for Yunho coz he is very angry with those three and who can blame him."

    I agree completely. Thank you for saying this. It's exactly how i feel too. It's pretty obvious Changmin is bitter about the 3 and it seems like he's ready to just move on, but Yunho seems to carefully choose his words so as to not put any blame on JYJ. People see him as "cold" because he doesn't talk much about them, but really not mentioning them much is the best thing to do. Instead of complaining about JYJ or stating all the hardships they faced to gain sympathy votes, HpMin mostly just focus on how they've moved past it all and are ready to start over with a rookie mindset. proud of them ^^ and i think a lot of HoMin fans pick up on this maturity and follow them.

    TVXQ fighting! ^o^

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  28. Don't mind me, I'm only here for the food... and drama

    ..cupcakes anyone?

    ReplyDelete
  29. "slumber party" LOL
    @ayeopan, @hotaru, @adrenalinss, @Gayathri

    woooo...ooo just came back, *grabbing leftover Pizza*
    aigooo... forgot to keep it for Precious!!! XD
    Did u guys spare some for him? LOL

    i think we need more Pizza, Popcorn, drinks for our party! many episodes drama! getting fun here ^__^

    *sending invitation to all*
    @hotaru i just invited them,let's wait! hahaha

    ReplyDelete
  30. @lapis.lazuli
    I don't follow JYJ's news anymore so i didn't know Junsu and Yoochun said that. It's disappointed that they describe their past as fake-happiness. It's totally unconcerned and disrespected to other parties that build up those memories together. I understand that life isn't always in pink but somewhat they were happy as some moment, and i think to say all those time were fake happiness is so shallow of them. Your past make you who you are today, even if you don't love it, appreciate it.

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  31. @ all
    Wow, I don't check the blog for a day and look at the number of replies LOL. Did you leave me some pizza? I'm totally up for a party with a group of girls. LOL

    @ lapis.lazuli
    There are many JYJ fans who turned their back and started supporting TVXQ, even new JYJ fans after finding out the truth, so ur not the only one.

    @ apooli
    I don't think CJS cared what was going to happen to HoMin. I'll be posting why. If fans just accepted CJS as JYJ, and HoMin as TVXQ, everything would be much simpler. Actually, it was CJS who instigated the fans to attack HoMin with their continued interview & tweets.

    @ ahmad
    Glad to know you liked my posts, and thanks for all the complements. I am open to more of them LOL.

    @ katherinerosellemanaois
    Yeah, it was funny when I realized that anti-Homin fans were basically contradicting what JYJ said. :)

    @ uknowgirl86
    Yes, HoMin were bashed for Junsu's interview. He most likely knew that would happen. It's not like he's new in this game.

    Also, I think the number of JYJ fans are exaggerated. There are a lot more anti-HoMin & fanatic JYJ fans who's all over the internet, and that's probably why they appear to outnumber TVXQ fans, but the number of album sales says otherwise.

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  32. @ Precious

    hahaha... feel free to joint, we actually waiting for you to join us ... XD our main guess, can't miss ya. We have more than enough food and drink for everyone who wish to join... :P

    ReplyDelete
  33. Can you guys do me a favor and read my post "In defense of Yunho and Changmin"? (http://uknowgirl86.livejournal.com/) It's pretty long, but of course after all these months of accusations and fanwar it's bound to be when i'm trying to defend HoMin from the countless accusations against them.

    Here's my intro:

    For the past few months, i've been holding off on saying a few things i've been wanting to say about the JYJ/SM lawsuit because
    1) I still wanted to see all 5 as the victim in this
    2) I didn't know how to put it all into words
    3) I was planning to just leave this alone until things could be settled

    But, seeing all the unfair bashlash against Yunho and Changmin, I just couldn't help not saying anything anymore. HoMin do not speak out for themselves, and I don't see a lot of fans publicly standing up for HoMin. A lot of their supporters seem to be quiet or maybe it's just that the number of JYJ fans outweigh the number of HoMin fans so much that HoMin's defense seems to be lost in this whole thing. This isn't from a legal viewpoint at all. It's just my own thoughts on the situation and why I think all the hatred and backlash HoMin gets is unfair. I'll take you guys through what went through my head when I asked myself why I was on HoMin's side and why I didn't agree with some of JYJ's actions:....

    Hope some of you guys take the time to read it. Like I said in my introduction, it's not from a legal viewpoint like Precious at all. It's purely from how I feel towards some of JYJ's actions and why I think a lot of the attacks on HoMin are unreasonable and unfair. I'd appreciate if you left a comment and told me what you thought ^^ Feel free to agree or disagree.

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  34. @ uknowgirl86
    I just read it, and I think it's really well written. You raise all the valid points a truly "neutral" fan should be seeing. I've said it before, the truth was out there for everyone to see all along. Nice post. :)

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  35. @Precious
    Wow, I didn't expect you to read it. Is it weird that i'm kind of flattered that you read it and liked it? Lol. Thanks for taking the time ^^ Looking forward to see what your next post is :]

    ReplyDelete
  36. @ precious I was trying to give cjs credit for something. If they started all this homin bashing and allowed it to continue then I am very disappointed in them. I think they have someone who is masterminding all of this, I don't think they could have planned it themselves. The truth will out one day. Telling the truth is not popular nowadays in the world we live in but I pray it prevails in this case. Tvxq fighting.

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  37. @ uknowgirl86

    well written <3

    I think all those who believe in the 5 have similar thoughts.

    I enjoyed reading it :D

    coughwritemorechough lol

    ReplyDelete
  38. @ uknowgirl86
    Yes, it is weird, and it feels weird for me too that you're saying that. LOL

    @ apooli
    Yes, it definitely is not popular. I do hope the truth prevails. :)

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  39. @ uknowgirl86 : read your post! what can i say? you said it all.^_^


    @precious: it makes me wonder how does the anti-homin fans as you put it brain works?

    ReplyDelete
  40. @ Precious
    Lol. Well you should know that a lot of people admire you for writing these posts and researching so extensively to find the truth. But I probably just made you feel weirder. lol.

    @ katherinerosellemanaois
    Ah thank you~ ^^

    @ pinkdreamer88
    thank you too :] lol i might, we'll see. maybe if I read more comments from crazed JYJ fans/HoMin haters i'll be pushed to write another one. lol.

    ReplyDelete
  41. No offense, but Junsu did not say Yunho or Changmin had no right to TVXQ. As far as I understand the DNBN's announcement, it does not deny both guys' right to the TVXQ trademark, either.

    The point is that all five members jointly have the right to TVXQ under the current trademark law of Korea. That means the two cannot use TVXQ without infringing the remnant members' equivalent rights to the usage of TVXQ. At least, the two had to ask the other three joint holders' approvals or permissions using TVXQ beforehand.

    In sum, the trademark right to TVXQ is a shared right of all five.

    ReplyDelete
  42. @TVXQ5

    No. Read the last 2 posts. Hell, read the post in thejyjfiles carefully, it says the same, it's just the interpretation that is slanted.

    @Precious

    Thank you for this blog. They way you're doing things is admirable: evidence, reasonable arguments and no emotions getting in the way, just facts. Kudos.

    ReplyDelete
  43. @ TVXQ5
    No offense taken, but I don't think you understood the point of my post. Read it again, then you may understand my logic. Besides, I never said Junsu said anything about HoMin's right to the name, so I don't even know where that came from.

    ReplyDelete
  44. @TVXQ5 : http://sharingyoochun.net/2010/11/23/news-101123-tvxq-vs-jyj-sm-%E2%80%9Cwe-won%E2%80%99t-wait-anymore%E2%80%9D/

    SME gave JYJ 10 day deadline to respond before releasing an offical announcement about TVXQ's comeback. If JYJ doesn't want HoMin use it, they should shout out at that time. BUT THEY DID'T SAY ANYTHING. THEY DON'T RESPOND. THEY JUST CONCENTRATED ON THEIR SC, WORLD TOUR, CONCERT, NEW ALBUMW, ECT V.V....

    Yeah, Junsu didn't say HoMin had no right to use TVXQ, Yoochun even said it's not the problem who uses it, but they said they felt disappointed, to me, it's not different and seems like they play the role of victims here.

    ReplyDelete
  45. wow i go japanese blog. explain how their feel about their broken heart. TVXQ last performance is in japan. JYJ first concert is in japan too.
    but i love to read post about CreBeau cosmetic xD. Topic that almost fans forget. because they didnt feel it necesary to analyse it.
    @precious
    if im not wrong Crebeau related to Amway ?
    bcs if yes. Im think bussines cosmetic is the most reason for 3 to change their dream.
    In my country Amway known as Multilevel marketing or Network marketing which actually they doing money game, money wash or Pyramid profit not a network marketing at all.
    those kind bussines offering ppl a Dream. a Big Dream.

    ReplyDelete
  46. @Precious
    sorry you already explain it at you past post xD
    those kind bussines selling a big dream, big enough to change they old dream. but im upset how can multilevel or pyramid bussines broke our TVXQ.. cry

    ReplyDelete
  47. @ dhanirahman52
    No, Crebeau is not related to Amway as far as I know. The list I had in my post showed companies known as multi-level, and both "Amway" and "Suk-Hwa (the company the president of Crebeau found)" was on that list.

    ReplyDelete
  48. @precious
    yea I just read your post again.
    "Internet Sales" and "Door to door" xD

    see.. your post need many times to read it :p

    ReplyDelete
  49. @Precious

    Hehe actually I'm not exactly a JYJ fan (though I went to their showcase, I didn't even buy their album b/c more than not interested, I hate it), I have no bias in TVXQ, and even before reading all the facts here I've disagreed JYJ's decision and believed there's something wrong with their action. It's just finally reading this blogs proves my point xD and I'm happy that JYJ fanatic stans could do nothing about the evidence in this blog

    ReplyDelete
  50. @ katherinerosellemanaois
    It's from the absolute belief that their boys cannot do anything wrong.

    @ platafina
    Thank you for the support. :)

    @ uknowgirl86
    Yes you did LOL.

    @ lapis.lazuli
    Ah, I see. :)

    ReplyDelete
  51. @precious

    Lets keep a couple of facts straight. SM has only registered “东方神起,“ a simplified Chinese version of TVXQ trademark that is limitedly usable for song downloads and music CDs. “東方神起,” 동방신기, DBSK, TVXQ, or Donbangshiki and even Tohoshinki are never registered by SM.

    So the current use of TVXQ, Dongbangshiki, and Tohoshiki infringes the three members' right to TVXQ.

    I am not sure why C-Jes were worried so much about SM's right to “东方神起,“ the strange Chinese four letters, which had never been used for TVXQ, but if you want to emphasize SM's right to “东方神起,“ please be more precise on the scope and nature of it in order to avoid further confusion.

    Thank you, and here's my reference to a patent agent's news paper article concerning SM's right to “东方神起“ :

    http://www.vop.co.kr/A00000358112.html

    I hope this helps.

    ReplyDelete
  52. I know this is completely off topic but can you please tell me where you got those translations for the song Our Game at the side of the page. Please!!!!

    ReplyDelete
  53. @TVXQ5

    Seriously u don't even understand what's the post its all about.

    No one has the trademark for TVXQ/DBSK/“東方神起,” 동방신기, bec SM failed to register it.

    Got that?

    THAT MEANS, whoever can use those name. I can. You can. A supermarket can. Even another rookie group formed by JYP.
    SM can as well.
    Got that?

    Your argument, that SM/Homin infringes JYJ's right, only happen IF JYJ register/trademark the name TVXQ and success. And they didn't. Got that?

    I think u should learn what is "trademark" first.

    Now I can make a new group of 5 man and call it /DBSK/“東方神起,” 동방신기, and not SM, not JYJ can complain about it.
    That.

    ReplyDelete
  54. @ TVXQ5
    O M G!!!

    I already posted exactly what you just wrote, so again, what are you arguing about? DID YOU EVEN READ MY POST? Oh BTW, "TVXQ" is registered by SM if you didn't know already. I checked it personally from the patent office website instead of just depending on the news article like you did. I even provided a link to the patent/copyright search website for the readers to check the fact themselves, so don't bring a news article that I already read myself to thinking it's some sort of a new information. I read them all.

    READ MY POSTS BEFORE TRYING TO DEBATE WITH ME!!!

    ReplyDelete
  55. @ notsosweettomboy
    I translated it. :)

    I guess everyone likes that lyric. This was the 3rd time that lyric was requested, maybe I should just translate it and get it over with. LOL

    ReplyDelete
  56. @ TVXQ5

    OMG
    I have no idea what you are doing xD

    You are contradicting yourself by stating what Precious have already stated and discussed lol

    A) Read the posts

    B) Read them again

    C) Take notes

    E) Check the validity of the proofs that have been given.

    F) Organize '' your common sense ''

    G) Try to be objective

    H) Then state your facts

    And btw OFFICIAL STATEMENTS vs AN ARTICLE doesn't work here xD

    It may work you know where but not when it comes to people who are familiar with law and the legal process of registering a name.

    And if you are going to use an article as a reference, that doesn't mean we will ignore facts and official statements because '' your common sense'' seems to be not able to comprehend them.

    I have no idea why you are doing this but what you are trying to say has been proven to be incorrect. You are not talking to bunch of teenagers or people who are not able to bring solid facts. So please stop using ''your common sense'' and try to use the common sense that is provided by the law.

    ReplyDelete
  57. SM has only registered “东方神起,“ a simplified Chinese version of TVXQ trademark that is limitedly usable for song downloads and music CDs and TVXQ (im add this). “東方神起,” 동방신기, DBSK,or Donbangshiki and even Tohoshinki are never registered by SM.
    @ TVXQ5
    @Precious
    did “東方神起,” 동방신기, DBSK, or Donbangshiki and even Tohoshinki registered by Yunho, Yochun, jaejoong, junsu and Changmin?
    my question maybe sound stupid but i want to know. thanks

    ReplyDelete
  58. @dhanirahman52:
    Wht do u mean?
    If your questions mean " Did 5 members register themselves as 東方神起,” 동방신기 ? "
    The answer is No. They work under SME, so they wont naively registered themselves as 東方神起,” 동방신기 without SME consent.

    If your question mean "Does it has to be Yunho, Yochun, jaejoong, junsu and Changmin, so a group ONLY can be called 東方神起,” 동방신기?"
    You have to read Precious post carefully honey. SME did intend to register the name but need to get 5 members permission, but they failed. So anybody can use 東方神起, 동방신기. JYJ3 can use 東方神起, 동방신기, Homin and SME too. It does not have to be 5 members of Yunho, Yochun, jaejoong, junsu and Changmin to use 東方神起, 동방신기 name.


    It's funny how antis are celebrating how SM is failed registering 東方神起 name. IMO, they should cry. Because if SM did not fail to register 東方神起 under 5 members consent, antis still have the right to bark abt how SM and Homin infringes JYJ's right. BUT since SM is fail! SM can freely do what ever they want with 東方神起 since it hasn't been trademarked yet. All "failure" by SME has not backfired to SME so far.

    ReplyDelete
  59. @precious
    I've been a silent reader since post #3 and I want to thank you for your time and effort. I have been a fan of Yoonho and Changmin for years, my heart supports only both of them even before the band split. I'm so glad to see more support for Yunho and Changmin now because prior to this comeback, I went though a period of suffering as well. A lot of fans have turned their backs on Yoonho after the lawsuit and if that is not enough they spread nasty rumors about him and his family and it really broke my heart (Yoonho is my favorite member). I was worried and nervous for Yoonho and Changmin's future although I've resolved that no matter what I will support their comeback as solo or duo unit.

    As a fan, it was really a sad to see the lack of respect in this fandom simply because we don't share the same opinion. This goes to not only JYJ fans, but some HoMin fans as well. Their words are careless and no one is spared from their 'righteous' wrath. However, I endured the harsh comments made by my friends and strangers for not 100% supporting JYJ. I tried to reason with them but I knew that they have set their minds that JYJ can do no wrong. It was also hard for me to make solid argument because most translated articles are not neutral. Requests to translate some sensitive subjects (for example the 06.25 meeting transcript) will be rejected because the 'source is not reliable' or 'incomplete'. It was really hard... whatever arguments we gave them were ignored or sneered because there were no proof to back it up and nobody wants to listen in the first place. My Korean friends rather not talk about the matter and keep telling me to believe in HoMin because they know what they're doing. >.<

    I've kept quiet since then, not because I'm afraid or I'm in the 'better fandom' but because I want Yoonho and Changmin to be proud of their fans. I want to be worthy of their sincere thank yous and tears of joy and to create beautiful memories that is not tainted by hate or regrets. I would rather love HoMin than waste my time hating.

    I've stopped supporting JYJ activities when I realized that they're not going to stop using the pity card. Instead of calming the fans down, they have subconsciously (or not) forcing us to choose side. I would have more respect for the trio if they told their fans to calm down and not get carried away with their support because don't they realize that their fans are living and breathing resentment? That fandom is not healthy!

    Excuse my ramblings but I want you to know how important of your work to the international fans because finally everyone a chance to form their OWN opinion using their own values instead of being swayed unknowingly by irresponsible journalism or popular opinions. I'm glad that you have included FACTS as basis of your purpose, Changmin would be proud of you :P

    All of my questions regarding the situation is being answered one by one, and not surprisingly my 'conspiracy theories' has become facts after reading your blog. I am really, really touched reading how everyone in this blog opened their minds and analyzed all possibilities in this lawsuit simply by being curious.

    I look forward to your next post and I hope you had a great lunar new year :)

    ReplyDelete
  60. BTW, I noticed that most commenters are new fans so I leave some words of wisdom from Professor Shim. This is another reason why HoMin fandom is appealing to me, I don't feel pressured to support them. I hope that fans will take a moment to digest Changmin's words because there are more important things in life than fandom :)

    1)
    How do you feel when you see fans following you around?
    I'm grateful that they're supporting us but I feel sorry for them as well. They're young people and they'e wasting their money and time.. so I worry for them.

    They're doing that because they love you.
    I think they think DBSK are everything. But to tell the truth we're not everything, are we? We're just singers who influence them. I don't like how they're almost giving up doing other things because of us
    (GQ Korea February 2009)

    2)
    For fans, I don’t want to become an absolute existence in their lives. I don’t want them to spend their lives desperately on me. To say it in an extreme way, it is alright even if you guys do not show me your support, I just want you to live your own life well. And take note of my activities occasionally. I will be the happiest if you treat my existence as nutritional supplements.
    (Grazia Magazine January 2011)

    ReplyDelete
  61. @ shimjang
    Welcome, and thanks for Changmin's interview that clearly displays his value in life and concern for the young fans.

    ReplyDelete
  62. @shimjang ^^
    no prob with rambling here, im sure everybody here love to read it and ... we all do the same coz we share the same feeling!
    and tks for Prof.Shim's qoute. Our Prof.Shim is always in his sense of Reality and that's why we <3 him >___<

    ReplyDelete
  63. @ everyone
    HoMin supporters let's not get too aggressive in arguing with TVXQ5. We don't want to seem overly aggressive and immature like some other fans do we? XD Keep the HoMin fandom peaceful like it has been for the most part ^^ Leave the bickering to the other side, they're good at it.

    ReplyDelete
  64. @shimjang

    Ah I remember those interview from Changmin and I admired those words coming from him! :) he respects the fans and gives respect to himself :)

    (However it's too late Minnie, for the last 16 years I've been living for fandom and life's excellent to me :p)

    ....eh but I do think that the fandom life in Korea r sometimes too much... -_-;

    ReplyDelete
  65. @lapis.lazuli

    Please, read the first and second Opinion Notices that Korean Intellectual Office issued when two times rejecting SM's registration of TVXQ. In them, the Korean Intellectual Office "recognizes" five members' shared right to TVXQ, although the members do not register it at the office. Since the right is legally recognized, I do not believe JYP and YG and even SM will futilely try to register TVXQ as their trademark. The only thing they can do is to take advantage of its unregistered status by not paying fines for using it, while knowing who actually has the right. Do you think SM's usage of it is just and right, as in SM's website announcement?

    ReplyDelete
  66. @ TVXQ5

    Yes. SM has every right. Since when does the trademark/copyright department has legal authority? They interpreted a trademark law to deny the application, but that decision does not have any legal authority on the usage of TVXQ name for the group.

    Let me ask you a question, and see if you can answer it. Do you know what SM was applying those trademark for? Do you have any clue what the trademark was for?

    ReplyDelete
  67. @Precious

    Administrative laws as well as statutes are binding over regulated entities. Please, read the above-said news article written by a patent lawyer, since it answers your questions. You said you checked up the office record, but I doubt you know trademark law better than a patent lawyer.

    ReplyDelete
  68. @ TVXQ5
    You still haven't answered my question.

    I told you I already read that article. Please read my comments before telling me to read something. It looks like you are so focused in your thoughts, you are totally ignoring what others are telling you.

    ReplyDelete
  69. @TVXQ5
    ............................
    Oh well let's happily wait for the day where SM is sued for using TVXQ name for only 2 people, shall we?

    @Precious
    I give up. I think she doesn't even know what is "trademark" and "not trademark" is. Overall, she just doesn't actually understand WHAT IS YOUR POST IS ALL ABOUT. Good luck, you rocks.
    (I start to think she's just teasing people's nerve instead of arguing seriously. Don't waste too much energy on her)

    ReplyDelete
  70. @TVXQ5

    If you don't understand the following how could you debate on this subject?
    1) the functions of trademark/copyright department,
    2) trademark right and the word 'EXCLUSIVE'
    3) different categories in trademark registration

    If trademark/copyright business is too complicated for you to understand, can you deny CJS declared they are ex-members of TVXQ in their press release?

    CJS declared they no longer member of TVXQ, they have formed a new group, their debut album is called The Beginning, obviously they don't care about whether the name TVXQ will be kept alive?

    You too, you don't care whether TVXQ will be mentioned in any music chart again, your CJS are not with TVXQ anymore hence, TVXQ need to be buried as well.

    I know majority of CJS fans have this problem called selective memory, they probably only remember CJS told the press they are still TVXQ members (that happened 3 weeks before Homin KYHD album launch).

    Knowing CJS fans will deny every contradiction of CJS actions, I saved the webpage of that press release from JYJ website as evidence.:P

    BTW, just to remind you, if CJS win the lawsuit --> means their contract with SM as TVXQ is void, they will be officially cut ties with TVXQ. But it is CJS ultimate goal, well I bet you don't understand this right?

    ReplyDelete
  71. According to the injunction all activities as a group( meaning TVXQ )must be done under SM. The 3 were only given the right to complete activities individually. So that would mean that technically JYJ do not have a right to the name while under the rules of there personally filed injunction. Not only that but according to the website the name TVXQ has been registered for certain merchandise under SM Entertainment. But I do have to say copyright and trademark are two completely different things and are handled by two different entities in Korea so we may not want to just lump them together. As a person who has worked in the entertainment industry in Asia I am very aware of trademark and copyright laws and honestly considering the arguments of TVXQ5 it is very clear that they no little of what they are talking about. Also pointing out one measly article by 1 of many patent lawyers in South Korea does not back up anything that they have said. Not only that but TVXQ5 has contradicted themselves in claiming that TVXQ has not been registered but the other 2 still have to get permission from the 3 how does that make sense?? If no legal rights are held by anyone which technically unless registered are not held by anyone why would they have to get permission? The arguments are confusing and unfounded. I am not new to this blog but this is my first time commenting I have not felt compelled to before but the arguments by this one person who claims to be a fan of 5 but clearly is JYJ bias are very upsetting because it's not actually founded in any truth.

    ReplyDelete
  72. i'm not a tvxq fan here i just really like their music and i believe they're really a collection of 5 talented men.
    this blog is really a breath of fresh air as compared to the articles and comments that i've read on and off about this whole incident. I'll admit I don't really follow their news closely but will still go through them when i come across them on news site (allkpop). the shear biasness of the articles and the comments really irked me. even when news about the lawsuit broke out, my logical mind was telling me if conditions were really that bad why didn't the other 2 sue together? there has to be something else and here you are precious, clearing my doubts.

    keep moving forward and stay high-handed :)
    this would probably be my only comment here but well i just thought i really need to just give you homin fans a pat on the back! and precious i really like reading your posts.

    ReplyDelete
  73. Now that I have gone over my comment I believe it was a bit harsh and I apologize if I hurt anyone's feeling. But the fact of the matter is that @Precious spends a lot of time bringing this information to people and saying the blog owner is wrong with no real evidence to back the claim just seems like they wanna start a fight.

    ReplyDelete
  74. @TVXQ5

    Dear TVXQ5, u seem only focus on the article by that lawyer. I checked her profile, she does work in patent but NOT in entertainment business.
    Lets overview the article u provide, shall we ?
    _______________________________

    Time: 2004
    #1 > SME try to register TVXQ's name
    Status: Rejected

    Reason of rejection:
    “The requested trademark filed by SM Entertainment is inextricably and intrinsically connected to famous a cappella dance and singing group members U-know Yunho, Youngwoong Jaejoong, Micky Yoochun, Xiah Junsu and Choikang Changmin and as such, under Trademark Act Article 7.1.6, this request cannot be accepted. End”

    Solutions: The only way to avoid possible rejection on grounds of Article 7.1.6 is to receive permission from the famous people to whom the name is attached and submit in writing an attestation of this permission.

    #2 > SM got permission from 5 members
    Status : Rejected

    Reason of rejection:
    " The same reason like previous with addition, because this request involves minors, under Patent Law Article 3, Article 5 and Article 909 of the Civil Code, it is necessary to also obtain the permission of the minors’ parents and submit it in writing. End.”

    Solutions: the permission of the members’ parents also need to be submitted in order to preserve transparency in adhering to the law.

    #3
    Status : abandoned

    Precious says : The latest news I read regarding the trademark was that SM withdrew the application to add more information/data to the application.

    Your article says: Afterward, for whatever reason related to the state of relations between the management company and the parents of the Dong Bang Shin Ki members, [SM] was unable to submit documentation attesting to the parents’ permission.
    ______________________

    And please check this link:
    http://detseng.kipris.or.kr/ndetsen/grrt1000a.do?method=searchTM

    Conclusions: NO ONE HAS TRADEMARK FOR TVXQ NAME. EVEN FOR 5 MEMBERS. Korean Patent and Trademark Office finds out that TVXQ names CONNECTED TO 5 members. But they does not stated that 5 members are the lawful registered owner of TVXQ.
    Means EVERYONE has the right to use TVXQ name.

    But JYJ can not use TVXQ in the end. Why ?
    Precious and other readers have pointed that out. I excerpt @Lady Yejin's here.
    "According to the injunction all activities as a group( meaning TVXQ )must be done under SM. The 3 were only given the right to complete activities individually. So that would mean that technically JYJ do not have a right to the name while under the rules of there personally filed injunction. "

    ReplyDelete
  75. @ladyYejin

    Jaejoong Yoochun Junsu use name JYJ is the fact you cant deny. they understand about the law. arent they?

    they considering to use TVXQ name but at the end they use JYJ

    actually what lack with JYJ name?. they are talented and JYJ name show that they really proud to them self.

    Bring back Trademark matter to public only make evrything sound funny.

    and The fact that TVXQ or "Dong Bang Shin Ki" or 東方神起, 동방신기 are not registered too by Yunho Changmin Jaejoong Yoochun and Junsu too.

    ReplyDelete
  76. being silent reader for awhile..its very refreshing to know other POV from this lawsuit beside from jyj fans blog.i like dbsk since the 3 filed the lawsuit, even for me its kinda weird to know the reason why the 3 filed the lawsuit w/o other 2 members, but watever thats their right to do it. but i dont hate the 3 members,just a lil bit dissapointed with their action actually, may i say a lil bit childish, from all their very 1st interview until now is very contradicting. as much as they didnt like their past they still should be grateful cuz the things that happened in the past are making who they r today.
    Even im yunho fan but im not really biased, i still like to see this case as neutral side so great work @Precious.looking forward to see ur next post.
    to @Precious, i know you will get many haters/antis but like Limp Bizkit say
    "I know why you wanna hate me
    I know why you wanna hate me
    Now I know why you wanna hate me
    Cause hate is all the world has even seen lately" LOL

    ReplyDelete
  77. @yuli: Me too, I like TVXQ after the 3 sued their company, which was about Aug 2009 but I don't hate anyone, it is just that I love Changmin and Yunho :).

    When the 3 sued the company, I didn't know much about TVXQ so I just simply thught they want to freely develop their career. When they formed a new group (RIGHT AFTER the suspend announment) with the name NEW BEGINNING, I assumpt they don't want to return anymore, that's all.

    But then what? since the comeback started, all of their actions were conflict with their words. They tattoo with just other 2 members and claimed that theie relationship with Homin still the same, they said they still are TVXQ member (isn't it too nonesense???), they said TVXQ was important to them then claimed that the old family was all fake (great!!! As if u are not in that family).

    @Precious and everyone, except...: I really admire u guys for ur patient replies as well as ur knowledge about the law, that's prove people support Homin here are not only biased people without realization of what they're saying ^^.

    ReplyDelete
  78. @ all
    There are so many replies, I can't reply to all of them, and for that, I am sorry.

    Thank you first time commenters (LadyYejin, teo, yuli, shanancelice) for your support, and existing people with your words of encouragement. I really appreciate it. :)

    My next post is coming!!!

    ReplyDelete
  79. @ teo

    Thanks for the support and encouragement even though you're not a TVXQ fan :) I'm very thankful.
    -----------------------------------------------
    Something i've noticed for a while now is that i've seen a lot of non-TVXQ fans support/agree with HoMin's side. The majority of the time, when I or someone else defends HoMin on allkpop (comments or discussion forums), a lot of the people who agree aren't even TVXQ fans. On the other hand i've noticed a lot of the people who agree with the JYJ side were already fans to begin with and on top of that, fans of Jaejoong, Junsu, or Micky. It kind of shows how HoMin's side appeals to the objective mind, one not clouded by biases. Our arguments agree with logic and reason and people who aren't fans can see this better than fans. Of course this isn't always the case but it does seem like many more people outside of the fandom side with HoMin on this than a lot of fans do. Just an observation :)

    ReplyDelete
  80. @dhanirahman52
    I am a little confused at what your actual argument is considering your comment doesn't make sense. JYJ saying they contemplated using TVXQ just proves them pandering to there fans. They know legally they cannot use the name under the injunction since all activities as a group aka TVXQ have to still be done under SM. Not only that but saying they as individuals have not registered the name just proves that they do not have sole legal right to it. Letting the public know about the trademark does not confuse anyone in fact it's a good thing because people are using the argument that Homin using TVXQ is infringing on JYJ's right when in truth it is not. You are basing your argument on emotions not on any actual facts. Now having said all that I never once in my comment said JYJ was not talented they are very talented but that doesn't change the fact that what they are doing making everyone feel bad for them by claiming things that aren't true is okay.

    ReplyDelete
  81. To prove that SM is a ''copyright holder'' for all TVXQ's products including the name is very easy.

    Must of us upload videos on You Tube right?
    Tell me what happens if you upload a TVXQ's song/MV?
    This message will appear---> ''Entity: SM Entertainment Content Type: Sound Recording ''

    :O See even Google people admit that SM owns TVXQ xD

    Google has been under a legal pressure because copyrighted materials have been uploaded on You Tube without the prepossession of the copyright holder.

    They used something called ''YouTube Video Identification'' to identity the copyrighted material.

    Want to learn more ... Google it xD

    ReplyDelete
  82. @LadyYejin
    my comment if for TVXQ5. sorry. but im not change my comment.
    my fact is from reality. from what i see not from i feel. JYJ is JYJ now. YunMin is TVXQ now.
    TVXQ with 5 member no longer exist since last year.

    ReplyDelete
  83. @dhanirahman52
    I do understand but obviously since you were directing the comment at me and with the statements you made it seemed like you were striking down what I said so obviously I am going to come back and defend myself. That is a natural thing for anyone to do just as you have done yourself. Sorry for the miscommunication. Just like you I stand by my comments but I think we have a slightly similar view of the situation so hopefully no hard feelings.

    ReplyDelete
  84. @ladyYejin
    ^o^ still nervous because lawsuit matter.
    worried so much cause YunMin comaback stage really give a big shock to all fans. including me even I always stand at YunMin side.
    Glad fans come little by little. 2 years 3 month not a short time. other fans maybe already give up on YunMin. I hope they comeback supporting YunMin.

    @all
    maybe anyone know how to be cassiopeia 3rd generation? I heard they open for oversea fans too.
    theres a lot of fans from Europe, Philipines, malay, Singapore who want to support YunMin but we dont know how.

    ReplyDelete
  85. i wanna know how to join the FC as well... =)

    ReplyDelete
  86. @ justine, dhanirahman52
    I don't know if you can be an official Cassie from outside Korea. I think only Korean fans are admitted as members. Japanese fanclub is Bigeast.

    You should check the official TVXQ website at http://tvxq.smtown.com

    ReplyDelete
  87. @precious

    If your question is not answered even after reading the patent lawyer's logics on the lack of SME's right to TVXQ, then isn't it obvious that your question is irrelevant or unnecessary in deciding the possessor of the right?

    @ lapis.lazuli

    SME may be sued for its violation of moral rights but not trademark.


    @ayoepan

    I would like to see your grounds to counterclaim the patent lawyer's reasoning and conclusion, instead of repeating the provisions that we all know all over again.

    ReplyDelete
  88. @precious u can join as an overseas fan, just that you'll need to pay quite a fair bit more , coz they need to take into consideration the postage of fc items to you...if I dun rem wrongly, it's abt $45usd

    ReplyDelete
  89. @TVXQ5
    Regardless of who owns the name all of the work ever released by TVXQ belongs to SME and that is a legal fact so they will never be sued on moral rights aka copyright laws. Now on to your so called argument the name TVXQ does not belong to the members either the trademark office did recognize there rights to it but until it is registered it does not legally belong to them. Not only that but the court under the injunction recognized the fact that until the lawsuit is dealt with that all activities as TVXQ must be done under SME so as individuals they are legally unable to use the name. It's clear to any educated person that you understand little and have only fallen back on the word of a lawyer in one article. You come back and tell someone to see there grounds to counterclaim when all you keep saying is well this person said this. As a entertainment marketing major when I was in college I took many law classes including studying copyright and trademark laws and this article as well as your arguments show little to back up your claims. Actually it has just proven that the boys from TVXQ don't own the name.

    ReplyDelete
  90. @ TVXQ5
    I don't get what you're saying.
    Anyways those trademark applications were denied in 2005 when TVXQ were 5. Since TVXQ only consists of 2 members now and even released an official 5th album, I'm sure SM can get those trademarked with just 2 members consent without any problem. I don't think you really understand how trademark works. It's not even a right to use the name for the group itself. It's to avoid others from using the name for the products that the name is registered for.

    Do you think there would've been any problem if SM just decided to replace few members and keep using the name? I don't think so, and that's basically what they're practically doing right now.

    ReplyDelete
  91. LOL LOL LOL

    Let's give up!
    u waste ur time arguing with TVXQ5
    Obviously,we're in different planet!

    Greeting to TVXQ5:
    "@!~&^%$#)(&^!~.....&^%$#~!^%&" ^^//

    ReplyDelete
  92. @adrenalinss
    I think you are very very right. The arguments though just piss me off a little I mean they are basing everything on one article. It's impossible to form a fully fledged argument from one measly article that was only truly written now because of Kara's problems not DBSK's. They person hasn't even bothered to research just coming in here waving around that article like it is the word of god.
    @Precious I truly apologize if I have gotten a bit hott headed about the whole thing but really TVXQ5 should have more to back up there argument then that measly article. Also if they are gonna fight about it they should have a little more education on trademark's and copyright's before they started showing off word's like Moral Rights which they can't actually be sued for and if they were SME would win.

    ReplyDelete
  93. @ TVXQ5

    Did you even read the link i have given you so you would be able to distinguish the difference between writing a song and publishing it?

    It contains a segment about the copyright issue. I guess your job is to act as if you know law and entertainment industry LOL

    You see, your article proves what Precious is saying so try to read it again keeping in mind what Precious has pointed out.

    And seriously if you couldn't answer this question----> ''Do you know what SM was applying those trademark for? Do you have any clue what the trademark was for?'' You have no right to argue about the trademark issue LOL

    SM is a COPYRIGHTED HOLDER OF TVXQ ... do you get that? Your article proves that xD so please once you know the answer of Precious question come and enlighten us ok~

    @ adrenalinss

    LOL

    ReplyDelete
  94. Just curious if u guys have read the official release by DNBN stating why they are ONLY supporting JYJ ... I find the reasons to be totally ridiculous, and they quoted law clauses to try to state their point...

    ReplyDelete
  95. @lapis.lazuli

    wow. You said my mind esp. this part

    "NOT THINKING OF ANYTHING!! Not TVXQ, not the lawsuit, they don't effin' care! everything is fine as long as JYJ rules and TVXQ/Homin get buried under the ground."

    YES, why the 2 have to take "all" responsibility of this mess, even they don't start this..

    @justine
    because HoMin don't call for help.
    They need supporting fans , not "babysitters".
    They want to achieve success by theirselve, by their works, by their music.

    ReplyDelete
  96. Should we make petition for SM? protecting SM from artist who sueing them. just kidding...
    SM is not stupid company who didnt want TVXQ that time. unleash TVXQ it self who didnt want SM. 2009 era rookie popularity of TVXQ.
    who didnt want TVXQ?
    want TVXQ ? let's take down SM first.
    sshhh... lucky they have loyal TVXQ member.
    I Hope SM will win this lawsuit.
    I hope no more article about other thing like JYJ side.. geez... they really pro to bashing YunMin and SM

    ReplyDelete
  97. Yupz. Sometimes I wished they will just say something, rather den keeping quiet and taking on all the blame for themselves. I just read the petition for human rights and once again, I'm disappointed by the fans... Only thinking abt JYJ and totally forgetting about HoMin's existence .G

    ReplyDelete
  98. @Justine
    Forgeting, Bashing Yunho and Changmin is like a habit.
    Is hard to erase that habit. 1 year 6 month are a long time.

    I cant forget all member eyes in their last performance.
    I hope every fans can spare time to watch all their last performance after lawsuit. words can lie but eyes wont lie.

    and bye2 to my other bias (1)at another world^^. I hope you happy with your choice. not regret and stop causing prob to your bro.

    Welcome to TVXQ world. yayyyy cant wait for TVXQ concert and new MV.. I hope it will Our Game MV or Rumor

    ReplyDelete
  99. @justine
    I have basically been a fan of TVXQ from the beginning and while I took Homin side after it all I still feel bad for JYJ. I really don't think there fans understand that this human rights petition is going to hurt them rather then help them. What a lot of people don't understand is the Korean music industry is not only image conscious towards fans but also for the industry. If you are seen as disrespectful, people will not want to work with you. They already shot themselves in the foot by showing disrespect towards there former group members and the people who got them where they are. Now there fans are continuing the trend. There is away to support your group without crossing that line of just outrageous claims but some not all some in there fandom are making it worse for all of them. In the end if they keep on with what they are doing more people are going to turn away from them.

    ReplyDelete
  100. @TVXQ5
    TVXQ5: I would like to see your grounds to counterclaim the patent lawyer's reasoning and conclusion, instead of repeating the provisions that we all know all over again.

    Dear TVXQ5, you yourself bring that article here. I have read that article all over again. The lawyer only explains the reasons of TVXQ's trademark rejection for certain products. I accept this lady lawyer reasoning and I have nothing to counterclaim her articles.WHY? Because there's nothing to be counterclaimed. Her explanation of TVXQ's trademark actually strengthen the facts that is no one own TVXQ's trademark. And that is my conclusion after reading her articles.
    Did she explain and stated the fact that the righteous and lawful owner of TVXQ trademark is 5 members ? No. There's none.

    And, in the end of the articles,the lawyer herself only stated her assumptions why SM dropped their third trial for trademark registrations. Plus her pity abt young kids jump into entertainment world. What should I counterclaim from this ?

    FYI, I repeat the provisions all over again to show and make it clear for you, because you seem don't understand about the article itself.

    And please... you seem holding that article as your only backup. We're here try to give you some links,to open your mind. Before you jumping to debate ppl, read the comments here and the links people gave you.

    ReplyDelete
  101. @dhanirahman52
    i sure hope they have their own concert soon. I am also keeping my fingers crossed that i will get to go to SMtown Japan this april. lol. i was intially hoping that JYJ will win and get this over and done with, but now , i am not so sure anymore.

    @LadyYejin
    i have been a fan for slightly more than 4 years. i share the exact feeling as you. i have always been homin biased since it all happened , but i feel for the other 3 as well , and have bought all their DVDs/CDs, because i believed that they left because they had to and that they deserved the freedom they wanted. But this all changed after Junsu's tweet and Yoochun's song without a title. It just left a bitter aftertaste in my mouth and i hated it. I hated how they kept trying to appear as the victims in this whole fiasco when they themselves are the ones who left. What was the final straw was this petition that came up , i am sure it had nothing to do with the boys, but it was definately because of all that they have done to trigger the fans to do this.

    ReplyDelete
  102. @justine
    i hear at AUD that Yunho dint sing HFB much because if he sing a lot there will no left for concert xD

    ReplyDelete
  103. @ayoepan ^^
    i totally admire ur patience!but we'd better find u a good Intrepreter! hahaha~~~

    @LadyYejin
    that's why it's a waste for you to reasonably argue with her/him!
    coz ... i think ur post&the others' are clear enough to understand!Don't bother ur mind to explain anything with her/him!
    but..oh! i need to thank her/him for bringing u out from lurker mode ^^ to share many discreet points ;)

    btw,u have a very good point!i agree with ur post abt Korea music industry, im not Korean but im Asian who's familiar with Asian Culture and also i studied in Sociology,so i can see how 'Respect' is very important in Korea society.TVXQ is the group which is not considered as K-Pop music representative but also 'Cultural Heritage of Korea', i think it's more than Some pro JYJ could imagine of even JYJ themselves and that's Disappointing! When i supported all five of them, i found many strange things happened from JYJ side that i feel they shot themselve in the foot like you mentioned;C-Jes, suspending the activity in Japan then launching the Beginning Album. So for me it's kinda annoying that SOME fans just only throw a blame/anger to SM for JYJ can't promote in Korea without coming out to the real world and try to realistically reason to all of this.

    Since the Lawsuit started, i believe staying with SM is not the best answer but im sure it's the best decision!
    whatever the result from the lawsuit will be, im sure ... many of fans still keep supporting HoMin including us ^^

    TVXQ Fighting, Yunho Fighting, Changmin Fighting, Precious Fighting, everyone here Fighting,...
    TVXQ5 #@HG!*&6$~+(&LT$@!

    ReplyDelete
  104. No one even wonder why in Yoochun's nameless song he claimed that he had been in debt? The song was performed by all three members. So even it's Yoochun who wrote the song, I suspect that it was written for all three JYJ members. Then why had three of them been in debt and when?? Could it be the reason why three of them suddenly were trying to get investiments from the rest two team members, attracted to the big sign-on bonus from another entertainment company and treid every means to get more share of profit? Sorry if I speculated too much. I am just purely curious how come Yoochun had been in, if I may add, BIG debt?

    ReplyDelete
  105. @dhanirahman52
    yupz, he joked @ his birthday party that he needs to keep the best for their concert. lol
    naughty boy , keeping us in suspense like that .=P

    ReplyDelete
  106. about big dept is true? i thought it just rumor for gain another sympaty.
    I hope its not because CreBeau. if it because of that, i think they realy mad to YunMin. cs the bussines will more succes if use TVXQ name (5 member)

    ReplyDelete
  107. @ dhanirahman52

    whether it is true or not, they are adult and should deal with their problems without causing more hatred towards the other party. Being investors in a suspicious company will always lead to problems. I guess that's why HoMin and their parents were against it.

    And if you checked Changmin's father statement you will know that there is another company which paid them a lot of money.

    ReplyDelete
  108. Sorry, my comment will be a little out of place. I'm not anti-JYJ. I won't hate them or try to sabotage them even though from what I've observed and come to know (through this site, thank you Precious), I would have felt dislike for them if I had not been a TVXQ fan.
    Anyway, I have felt long ago that JYJ are really trying to manipulate and play with fans. I feel as if they are trying to construct an image for themselves as if they are their own PR. Junsu likes to use his twitter. I still remember one time when Changmin was supposedly injured (it was around the end of last year, when fans were complaining that Changmin has become like a hermit) and he had to be sent to the hospital. Lo and behold, not long after Junsu tweeted a picture of him and his cat, and in the background very suggestively was a computer screen. On the computer screen there was a map that matched exactly the one to Changmin's hospital. Of course fans went high because at that period, they were all trying to "keep the faith", hold on to the idea that the 5 were still good friends, etc. But if you view it with an objective mind, it's like Junsu is so obviously trying to milk the fans' sympathy! How can a twitpic like that be accidental? No way, in my opinion! He obviously was trying to achieve something.
    That said, that is also why I wasn't happy at all when I read that JYJ stated that they weren't happy with HoMin using the name of TVXQ. I feel like they know the consequences of their words, and that by doing this, they can sabotage the success of HoMin's comeback. Plus they didn't consider how nervous HoMin was, standing onstage again at SMTown in LA as a duo, using the name TVXQ.
    I have so much more to say about my thoughts on this, but I guess I've already written too long a comment.
    I really don't want to be anti-JYJ.

    ReplyDelete
  109. @dAra
    I know what u mean. I guess I am one of those who was trying to keep the faith that they will 5 again. I was even blaming SME for letting this happened. To me, DB5K could do no wrong. A bit naive given my age ( I'm slightly older than our boys) I even went and bought stuff at all 3 creabeaus, which was grossly expensive. I dun even know how the sums tallied up at 1 of the outlet.

    I guess I have always believed in the boys and what woke me up was junsu's tweet that criticized yunho. I had turned a blind eye to everything prior to that cause as I said, to me, they could do no wrong and SME was the evil one (lol). I could not believe he would openly criticize his hyung like that, someone who he worked with for 7 yrs. It made me realize that things really ain't as simple as I make them out to be and junsu sure wasn't the angel I have always thought him to be.

    ReplyDelete
  110. @ Justine and dAra

    I'm on the same boat with you two (that 5 members are the victims and SM is the bad guys) until I found this blog. Though I do find recent twits and interviews doesn't feel right. Especially, like you said regarding Junsu twit about Yunho's thank you message and as well CJS interview regard HoMin using TVXQ name and when Avex drop their activities in Japan. And of course feel questions I can't seem to get answer such as why Homin didn't leave SM with CJS if the contract was bad, ect... I was feeling bad and sad for CJS situation before, but now, I'm indifferent toward them. I don't hate them, and will still buy their music (if they good), but rather I'm very disappoint in them. I don't follow their articles, twit or interview like I did before. It really sad that it have to come to this because I truly believe they are very talents and I look up to them... D:

    ReplyDelete
  111. @justine

    I know, I also felt quite naive and stupid (sorry to use this word) looking back when I was genuinely hurt for JYJ. Especially after I read that Avex had dropped them, my mouth also dropped open. The funny thing is how fans can praise Max Matsuura when he's supporting JYJ and when he dropped them, they simply turned their backs on him and bashed him. It makes no sense. Even if I wanted to side with JYJ, I really couldn't bring myself to suddenly just hate him.

    When I read Junsu's tweet critisizing Yunho, I didn't really feel anything... more like, I don't want to feel anything because I don't want to harbour bad feelings toward him. And then, of course, I see fans furiously defending Junsu saying things like, oh, he just needs to let out his frustrations, etc, etc. To say the least, it was kind of childish of him wasn't it? If he didn't mean any harm, then he should at least know that Twitter is definitely no place to let out any of such strong words and opinions unless he has discussed with his PR or manager or something. It is not so much to do with being able to have a voice or express your feelings, but also taking into consideration other people's feelings, if not for the fans, then for the person he directed his tweet to, Yunho.

    And honestly, when Yunho said that he did not receive any messages/calls from JYJ, I felt that it was unnecessary for Jaejoong to publicise on Twitter that he had just tried to message him or something. I mean, I understand that Jaejoong could be desperate and urgently want to reach them... but I couldn't help rolling my eyes.

    Honestly until now, because of Junsu's innocent and kind hearted and pure image, I cannot imagine how he's a "bad" person. It doesn't match at all.

    At least after this incident, I seem to learn a lot of new things, like how the media often manipulates people's mindset. I think you did too. It's quite an eye opener, a valuable lesson.

    Lol, anyway how were the cosmetic products?

    @Hotaru

    Yeah, I used to check up regularly on JYJ but nowadays I'm just not interested anymore. It's not on purpose but I find that unless I really have the spare time, but I spend most of my time following HoMin's activities and there are quite a lot!

    I don't do it on purpose and if anything, I feel kind of bad for losing interest in them. But yes, they are very good singers, they are talented and very good-looking too. If their music is good, like you said, I will still purchase it.

    Before that I also thought SM was the bad guy, but now I even begin to have a little sympathy for SM! Besides most of the SM artistes seem to be content just to continue being in SM, which means that it can't be that bad...

    Anyway, thanks for replying to my comment in such a friendly manner!

    ReplyDelete
  112. @dAra
    honestly i have yet to use them...
    hhahahahhaha....

    ReplyDelete
  113. @Justine
    did you still use the cosmetic?

    ReplyDelete
  114. @hotaru @justine @dAra

    may i join u guys the same boat? ^__^
    but ... i believe we're needing for a Titanic now! LOL

    @dhanirahman, i guess she HAS TO use it since it's exaggeratedly expensive!!!

    ReplyDelete
  115. @adrenalinss
    lol.
    I read (somewhere) Crebeau have branch store at my country (Indonesia). but I never heard the name

    @precious
    I really want to know more about Avex anf CJes

    ReplyDelete
  116. @ adrenalinss

    feel free to join us in the same boat, and you are right, we need to upgrade the boat to Titanic. Then we can move our slumber party there... How that sound?

    ReplyDelete
  117. @adrenalinss @Hotaru
    Ha ha yeah our boat is too tiny! We need to upgrade it! Please extend invitation to me when you have the slumber party!

    @justine
    Ah I see! Actually it would be nice to know what skincare JYJ are really using... I know a lot of people praise Jaejoong's skin as being white and smooth like so perfect... but I personally prefer Yoochun's complexion! Omo... I saw some pictures which really made me swoon.

    ReplyDelete
  118. @dhanirahman52
    i din buy any cosmetics coz i have rather sensitive skin , so better not try some unknown brand even though its endorsed by JYJ. (lol) i only bought haircare products which is still sitting in my luggage even though i've been back from korea for months. (opps)

    @dAra
    i honestly doubt they are using crebeau products as claimed. =)

    @adrenalinss @Hotaru
    dun forget me for the slumber party. i will provide the red wine to celebrate dbsk's victory. =)

    ReplyDelete
  119. @ladyyejin

    You are confused about what the Korean Intellectual Property Office recognized with respect to the rejection of SME's application to trademark TVXQ. The right to "use" the trademark TVXQ currently belongs to the public. What the office recognized is that none but five members were entitled to "trademark" TVXQ. This legal recognition would be effective in the court, if SME has guts enough to sue three members, instead of taking advantage of TVXQ's unregistered status.

    @precious

    I appreciate your sharing the inside knowledge of SME. Arguably, it would not be easy, since almost all people say that "how come 2 can be TVXQ?", even after one album release.

    ReplyDelete
  120. "any TVXQ activities must be done under SM. HoMin are still working with SM, CJS are not, so it is pretty clear who has the rights to use the name, TVXQ."
    beinf saing this for agesand i only get side eyed lo

    ReplyDelete
  121. @ TVXQ5
    SME doesn't need to sue CJS because the rights to TVXQ belongs to SM. Shinhwa had to get the rights to their name from SM. That shows the company owns the rights to the name. JTL didn't even bother using the name HOT either because they had the common sense.

    SM's attempts to register the trademark were all in 2005 and 2004 when TVXQ was 5. Since TVXQ came back with 2, the trademark office will recognize the name to be owned by the 2 members.

    I highly doubt SM is stupid enough to use the name if they didn't have the rights especially when it involves 3 "lawsuit happy" former members.

    All the knowledge I posted are available to general public, it's just international fans cannot access them easily for obvious reasons.

    ReplyDelete
  122. Ok now a decent reply
    I have a Spanish tvxq blog and I translate all of the tvxq/jyj related news and there was a time in December when jyj really annoyed me because just when homin start releasing teasers about their comeback and stuff they go and start saying “we do wish to be 5 again” is so weird that they start talking about this just when homin begins to release stuff, why they didn’t do it before? I wrote this on my blog and I got stuff like “because the reporters didn’t ask those questions”, “because they feel more free about talking now” and lots of non sense but I’m like “in past interviews they never wanted to talk about is they always said to ask question related about their new album and not about TVXQ so why now? I bet tons of reporter’s will have being happy with the exclusive about how they felt, it only looks like they want to steal tvxq spotlight.”
    I really want to support jyj but a lot of the stuff they have done is really questionable and the way they talk without caring about what their words will affect homin. The tweets junsu wrote just the day of the comeback people were like “he is expressing himself is ok” that’s BS cause when other SM artist went defending on homin they were like “Shut up u know nothing, don’t talk about stuff not related to you” and I’m like hey if Junsu can express himself so can they and if u see your friend getting bullied and blame for stuff he didn’t do of course u are going to go defend him.
    You know I really think Yunho was being nice in there interview when he said “They haven’t call us but maybe is cause he don’t answer to unknown numbers, so maybe they did call but since they have new numbers and we don’t know them we didn’t answer them” Yunho was giving an excuse to jyj, saying that maybe is true but they didn’t know, he is helping so jyj doesn’t look bad or as layers.
    And then Jaejoong writing the “read your inbox blah blah bla “sorry but it looked like he wanted to look like the “hereo, the one that was brave to do the first call so that they could be together again” and of tvxq got together again it will be like “oh is cause Jaejoong text homin first blah blah” that’s how I see it.
    I’m sorry but lately I don’t feel sincerity in any of JYJ words, and fuck I thought SM wanted my money but looks like he isn’t the only one, jyj is releasing stuff non stop, is dvd, then a cd, then this that wow stop it!
    Ahhh I think that’s all I just wanted to get some stuff of my system with someone that thinks and not just believes what everyone says and what better place than here

    ReplyDelete
  123. @ precious

    SME still sells five-member DVDs and CDs under the name of TVXQ in the domestic and international markets. I do not think SME is as firm about TVXQ2 as you.

    ReplyDelete
  124. @rosetta16
    i guess you are not the only one feeling this way, many fans started to realised JYJ's true colours when HoMin came back out as DBSK.

    i was an OT5 supporter all the while, going for their showcases, buying all their album releases, spending a whole lot of money on them and honestly, i was happy doing it because to me, they are all DBSK, so i had to show my suppport. I was even like i hope JYJ wins the lawsuit and show SME who is boss.

    But it all turned to digust when Junsu tweet his imfamous tweet bashing Yunho. What made me sick was as u mention, so many people started to blame HoMin for moving on as DBSK, as well as bashing the SME artistes who spoke their minds on twitter and during interviews. Not only K-cassies are like that, there were tonnes of I-cassies who are guilty of it as well. I could not bear to go on twitter for those few days, cause all i saw was ,[ F**K You, you are not one of the boys. How will you know what happen, you are just an SME Dog. ] lol. SME Dog, wasn't that the word that was used on HoMin when the lawsuit started. In addition to that, all the tweets that conspired after that, the answers during interviews and the lyrics on how F-up SME was totally made me sick to the core, at how desperate they were trying to gain sympathy from their fans , and they have been quite successful to date.

    I guess it opened my eyes and mind to what is happening, things ain't as simple as JYJ are trying to make it appear to be.

    I do not care who wins or loses this lawsuit anymore. I just want it to end, so that i can enjoy HoMin's comeback to the fullest without all the relentless noise going around.

    ReplyDelete
  125. @TVXQ5

    Are you trying to say that SME should remove all DBSK albums in the market now and only sell DBSK (HoMin) albums ?

    May i know if there is a reason they need to do so ? In case you do not know, SME are still selling H.O.T and Shinhwa albums as well. Because the rights to those albums belong to SME and not the artistes themselves.

    ReplyDelete
  126. @ TVXQ5

    Now, why did you even shift from who owns TVXQ's name to TVXQ's DVDs and stuff?

    Did you even read the contract?

    I am amazed of how you seem to be selective when it comes to the things you say and perceive.

    The contract, which was signed by all the members and their parents, ALLOWS SM to do so.

    Since the trio used LAW to ask for their ''rights,'' SM used LAW to defend its RIGHTS too. It is simple math lol

    ReplyDelete
  127. OMG!!! i cant believe this!

    TVXQ5 ....Seriously, where r u from???
    if you don't believe infos in this blog, bring over ur question to ur JYJ fansites(if u do have just one to stay in),and see what they gonna answer u! u really sully JYJ supporter!

    @justine,

    don't waste ur time arguing with her/him! she/he could bring up another her/his commom sense from her own planet again&again!

    ReplyDelete
  128. @ justine

    No, I did not mean that. SME has every right to make profits by selling those albums across the world. Personally, I hope many people can have an opportunity to listen the beautiful songs that I love. I just tried to say that SME had left too many traces of TVXQ5 to trademark TVXQ2.

    ReplyDelete
  129. @TVXQ5
    What you are saying unconciously is what i have asked you. If that is not what you meant, could you kindly explain how shd SME remove all traces of DBSK5 ?
    and honestly speaking , i think JYJ are the ones holding on to DBSK5 more than SME or HoMin.

    ReplyDelete
  130. @ TVXQ5
    Both TVXQ5 and TVXQ2 are TVXQ. The difference is that TVXQ5 is history, and TVXQ2 is the present. Trademark does not know the difference between TVXQ5 and TVXQ2. It's just TVXQ.

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  131. @TVXQ5
    Technically no it would not stand up in court because they have not legally trademarked the name. The Korean Intellectual Property office recognizing there right to trademark and trademarking are two completely different things. The name does not belong to them and considering that SME does own certain rights too the name and the fact that 2 of the members are still using the name does little too prove your point. Actually what you have not even addressed is the fact that the court has already said under the injunction that all group activities as TVXQ are required to be performed under SM which shows that the court actually has recognized SM's right too it. So it is highly doubtful that the court would side with the other 3 regarding the name. You keep coming in here with arguments that have outdated information and again unless actually trademarked there decision would not hold up in a Korean court. By the way I have actually filed paperwork with the Korean Intellectual Property office as well as dealing with copyrighting issues in Korea and honestly it doesn't seem like you really know what your talking about you just keep coming in here trying to make a point that doesn't exist. So to verify the court has already recognized SME's right to the name during the injunction process and also because TVXQ members never trademarked the name it is information that would most likely never even be introduced into court because again unless trademarked it is not a LEGALLY binding document so it would have little effect.

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  132. @TVQX5
    Not only that but I believe neither side would want it to be introduced into court because if they did they would also have to introduce the second rejection where they actually did get the members permission but because they were minors they needed parents permission. So either way it would be bad for both sides because the argument I was forced which they would probably make for giving permission without real proof wouldn't hold up.

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  133. Oh and I meant to say I helped with an application for trademark obviously I am not a lawyer so I could not do it by myself but I have helped with the application for a trademark

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  134. @ ladyyejin

    I knew that you were not a patent lawyer from the very beginning. So no worries.

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  135. @TVXQ5
    Based on your arguments neither are you. Anyone with a brain can see the holes in your story. It would be nice if you could come back with something more then this person said this but sadly it seems that is not gonna happen in this lifetime. At least I have a clue unlike you who have based your entire argument on an article and paperwork filed about 5 years ago.

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  136. @ Precious

    yeah you really should! Those translations are really good

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  137. It is truly incredible for me that people actually believe this. HELLO ANYONE HOME! People wake up the name does not belong to SM, it can be legally proven. The trademark is not SM's they cannot obtain it because to do so they need every single member's consent, without it their is nothing.
    TVXQ DOES NOT HAVE OR NEED TO ONLY EXIST UNDER SM.

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  138. @ lnbt_6159_lalolover

    The trademark application denied was in 2005 when TVXQ was 5. If SM applies for the trademark today, I'm sure they can get it now since TVXQ only has two members.

    You can whine all you want, but the reality is that TVXQ is Yunho and Changmin. The lawsuit happy CJS cannot do anything about it, but whine over tweeter and interviews just like you are doing now.

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  139. @ lnbt_6159_lalolover

    *loooong sigh*

    1- first of all know what a 'trademark' means and why companies do it.

    2- once you know that search a little about what it means to copyright something.

    3- compare them lol

    there is a huuuuge difference between them LOL

    please don't jump into legal stuff with no appropriate knowledge. even if you were a law student.. this thing is associated with marketing.

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  140. @ lnbt_6159_lalolover
    TVXQ's nama didnt born out from SM Ent ^o^
    you said .. TVXQ DOES NOT HAVE OR NEED TO ONLY EXIST UNDER SM. lets see what CJS can do about it?

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  141. Hello, your blog changed my mind about SM. When I first entered the kpop world, I was a "YGstan" and would use all those lies about the contract/TVXQ/SM to bash SM. But it didn't make sense. Why only 3 would leave if the contract was the same for all? So I decided to read more about that. And I found your blog. THANK YOU VERY MUCH! It still makes me sad that even when I tell my friends the "truth", they say: "I don't care. SM is evil." Everyone is so alienated and blind!
    With all this "Kris thing", everyone is spreading those lies even more. May I translate your posts to Portuguese? I'll give you credits, of course. I think it's important, in moments like this, to spread the truth.

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