On behalf of Young Tak’s agency, Milagro, the law firm Sejong delivered an official position.
Sejong law firm said that the allegation that Yecheon Brewery demanded 15 billion won was not true at all.
It is said that there is no fact that Young Tak has requested 15 billion won from Yecheon Brewery.
According to Sejong, negotiations with Yecheon Brewery began around March of this year, and negotiations in the form of down payment and royalties were in progress around April.
At that time, Sejong explained that the proposed amount or the conditions under discussion were not 5 billion won or 15 billion won at all.
Yecheon Brewery said that there was no contact for a while after it said that it would sign a contract, and that Sejong and Youngtak knew that they were not signing a trademark contract and recognized that the negotiations were over.
After that, Yecheon Brewery contacted again about the negotiation around the end of May, and at the meeting at the end of May, Yecheon Brewery negotiated to use the trademark filed by Young Tak by paying royalties, Sejong law firm explains.
According to Sejong, Yecheon Brewery suddenly changed its agent on June 14, and then notified Sejong about the license for the Young-tak trademark.
In the content, ‘Yecheon Brewery can use the trademark without Young Tak’s consent’. Sejong replied that he was surprised by Yecheon Brewery’s inconsistent behavior, explaining that Yecheon Brewery’s claim was not valid and ending the negotiations. .
As a result, the trademark-related negotiations between the two sides have come to an end.
The key part is Yecheon Brewery’s claim on the right to use the trademark, and Sejong Law Firm is of the view that this claim is not legally valid, and that Young-tak has the right to use the ‘Young-tak’ sign.
He also argued that if the dispute continues, the Korean Intellectual Property Office or the court will confirm that Yecheon Brewery’s claim is not valid.
Young-tak’s side is in a situation where they do not know the intention of Yecheon Brewery’s official statement at this time after a long time has passed since the end of the negotiations. Singer Young-tak has the right to use the brand ‘Young-tak’, and Yecheon Brewery claims damage. Contrary to this, taking an attitude as if you have suffered damage because the negotiation has not been reached is inconsistent with the objective facts.
In addition, it was revealed again that Yecheon Brewery’s makgeolli, which is currently on the market, is not related to Youngtak.
Below is the full text of the official position of the law firm Sejong
Sejong Law Firm makes its position on behalf of Young Tak’s agency Milagro. Sejong Law Firm has negotiated with Yecheon Brewery on behalf of Young-tak regarding the use of the Young-tak trademark (hereinafter referred to as the ‘negotiating this matter’).
On July 22, 2021, Yecheon Brewery took a position to the effect that the negotiations broke down because Young Tak made unreasonable demands, such as demanding 15 billion won from Yecheon Brewery. However, these claims of Yecheon Brewery are not at all true, and there is no fact that Young Tak requested 15 billion won from Yecheon Brewery.
Yecheon Brewery (Chairman Baek Gu-young) requested permission from Young-tak, saying that Yecheon Brewery would apply for the Young-tak trademark in the second half of 2020, but Yeong-tak politely declined. From the first half of this year, Yecheon Brewery has continuously asked Young-tak to negotiate the trademark, and negotiations began around March 2021. Negotiations were underway in the form of receiving a down payment of a certain amount and royalties according to the sales volume around April 2021 through bilateral negotiations. At this time, the amount proposed by Young Tak or the conditions under discussion between the two sides were not at all KRW 5 billion or KRW 15 billion. After that, Yecheon Brewery did not contact me for a while until the period of signing the contract had passed, so the law firm Sejong and Youngtak recognized that Yecheon Brewery was not signing a contract for the trademark and the negotiation was over.
However, Yecheon Brewery contacted Young Tak again to negotiate with Young Tak around the end of May, 2021, and although Young Tak did not have confidence in Yecheon Brewery’s past, in response to repeated requests from Yecheon Brewery, on May 25, 2021. The meeting was held at the office of the law firm Sejong. At that time, Yecheon Brewery had brought a representative of the distributor and a lawyer for the negotiation, and the person in charge of the distributor could not participate in the meeting because participation was not promised in advance and because he was not a party to the negotiation.
At the above meeting, Yecheon Brewery apologized for the process Yecheon Brewery had shown in the past, and announced that it would negotiate seriously. At the above meeting, both parties agreed to discuss how Yecheon Brewery will pay royalties for the trademark applied by Young Tak, but Yecheon Brewery will propose appropriate conditions for the use of Young Tak’s trademark and discuss specific details between the representatives. However, the representative of Yecheon Brewery proposes a condition on the premise that Yecheon Brewery applies for a trademark, and informs you that Sejong Law Firm cannot accept it. As promised, it is premised on the premise that Yecheon Brewery will use the trademark applied by Young Tak. I asked for a proposal, and the representative of Yecheon Brewery expressed his will to know.
Then, on June 14, 2021, when the two sides set the negotiation deadline, Yecheon Brewery suddenly replaced the agent with a large law firm, and sent a document to Sejong law firm by e-mail saying “Stance on the licensing of the trademark ‘Young-tak’” However, the content was to the effect that Yecheon Brewery could use the trademark without the consent of Young Tak. Young Tak’s side was shocked to receive the above email without prior notice from Yecheon Brewery, and was once again surprised by Yecheon Brewery’s inconsistent appearance. Accordingly, after consulting with Young-tak, Sejong Law Firm explained to Yecheon Brewing that Yecheon’s claim was not valid, and sent a reply to the effect that the negotiations on this matter would be terminated. Trademark negotiations between the two sides have thus come to an end.
Yecheon Brewery’s statement contains a claim to the effect that Yecheon Brewery has the right to use the Young Tak trademark. Such a claim is not only legally invalid, but also states that Young Tak has the right to use the ‘Young Tak’ sign. The point will be that it doesn’t require many words. If this continues to be a dispute, it is expected that it will be confirmed that Yecheon Brewery’s argument is not valid according to the judgment of the Korean Intellectual Property Office and ultimately the judgment of the court.
As for Young-tak, we do not know the exact intention of Yecheon Brewery’s official position on the negotiations at the present time, long after the negotiations on this matter ended. As a singer Young-tak, he has the right to decide how to use the cover of his name, ‘Young-tak’, so it is objective to take an attitude as if Yecheon Brewery has suffered some kind of damage because the negotiation that he actively requested and started was not reached. It would not fit the facts and would not be desirable. As for Young Tak, we believe that those who love singer Young Tak will make a wise decision on this matter. Also, as Yecheon Brewery itself confirms through the statement, makgeolli of Yecheon Brewery currently on the market is a product that has nothing to do with singer Young Tak, so please do not misunderstand or confuse this point.
Sihyun Kim [email protected]