Current Position: Home > IP News > Soda green get back the "soda green" trademark!

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On May 30, the band soda green not only celebrated its 18th birthday, but also struggled to get back its own "soda green" trademark. Netizens can not help sighing: "happy birthday, I miss you so much!"

Soda green and diced fish

Whose youth can not have a soda green?

In 2001, soda green was composed of students from the National Chengchi University. In 2003, it established a six person team, including wuqingfeng, shijunwei, xiexinyi, gongyuqi, liujiakai and hejingyang. On may30,2004, the orchestra soda green released its first single and began to move towards an independent orchestra.

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For more than ten years, many songs of soda green have been familiar to everyone.

Until 2018, soda green broke with former agent linweizhe. It is reported that at the end of 2018, both parties signed a contract termination agreement in the presence of lawyers. However, wuqingfeng was sued by his former mentor linweizhe for violating the copyright law in 2019 because he sang a song he wrote.

A series of disputes led to the group name "soda green" unable to continue to be used. On july3,2020, soda green released a microblog to announce that the orchestra was renamed "yudingsi", and yudingsi was officially announced as a part of soda green.

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It is understood that the new group name is the disassembly of "soda green", which is composed of a part of the traditional soda green: Su's fish, Da Ding, and green series. In addition, the league members also adopted new stage names: Ah Fu changed his name to Ketian, Jia Kai changed his name to roudou, Xiao Wei changed his name to Banu, a gong changed his name to Jinba, Xinyi changed his name to xiangi, and Qingfeng changed his name to sunrise.

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Data source: trademark retrieval system of Taiwan Intellectual Property Office

The trademark lawsuits of both sides have been entangled for a long time

Since the break, wuqingfeng and others have been suing Lin weizhe music club for possessing the registered trademark of "soda green" and demanding the return of the trademark of "soda green". In the latest news from the second instance on May 17 this year, wuqingfeng and others still lost the lawsuit.

According to public reports, at the first instance, wuqingfeng and the league members said that "soda green" was created by wuqingfeng, the lead singer, who connected "soda" (corresponding to the bubble feeling of taste) and "green" (corresponding to the color of vision), and specially arranged the positions of Chinese, English and various words in a handwritten way. Before establishing a brokerage relationship with linweizhe, they used "soda green" as their stage name and became famous. This is a well-known fact. They asked linweizhe to return the trademark. However, six people lost the first instance.

In the second instance, the six people claimed that the "soda green" was formed by their common ideas and names, and continued to invest time and effort, which has made the "soda green" equal to six people, forming an inseparable relationship. After the formation of the group in 2003, Lin weizhe signed a contract with Lin weizhe in 2004. After the termination of the contract in 2018, Lin weizhe should return the trademarks entrusted by six people. And "soda green" belongs to the name right and personality right of 6 persons, and the other party is not allowed to extend this right indefinitely.

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Lin weizhe retorted that it has been more than ten years since the trademark announcement of "soda green" was registered, and it has been applied for and maintained by him. Moreover, the registration of the trademark has exceeded the statutory five-year period for evaluation, and no dispute can be made over the reason why the trademark cannot be registered or should be revoked. Lin weizhe stressed that the broker agreement of the six persons had nothing to do with the registered trademark and requested to reject the appeal.

The Court pointed out that the names of the six league members were Jing Yang, shijunwei, wuqingfeng, xiexinyi, gongyuqi and Liu Jiakai. No one called them "soda green". And who is the creator of this group name? The opinions of the six people have changed again and again. At first, it was said that it was created by wuqingfeng himself. Later, it was renamed that it was created by wuqingfeng and shijunwei together. In the second instance, it was renamed as six people jointly. In addition, since its founding in 2001, the members of the orchestra have changed constantly, and the statement that six people have the right to share their names is obviously not applicable. Therefore, wuqingfeng and other six people in the second instance still lose the lawsuit, but they can still appeal.

The battle for trademark ends


Fan Guohua and wuzunjie of Zhonglv international law firm mentioned in the article "analyzing the dispute over the" soda green "trademark between the" yudingsi "Orchestra and the former broker" that the "soda green" trademark has been handled by linweizhe music club and linweizhe Music Club Co., Ltd. in the past decade, whether it is application, announcement, maintenance, extension or transfer.

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Contested trademark "soda green" No. 4 and 6

Data source: trademark retrieval system of Taiwan Intellectual Property Office

In the face of the outcome of losing the second instance, wuqingfeng and the league members once told Universal Music: "the more biased the judgment is, the stronger our belief in getting back the League name. The trademark law cannot continue to ignore the rights and interests of artists and creators. We will appeal to the end and get back our league name 'Soda Green'."

No one expected that, not long after the news of losing the lawsuit came out on May 17, this trademark battle ushered in a turning point when the former broker announced to give up the trademark right.

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He said: "I know I should make a decision to put aside the past, no matter good or bad. So I decided to give up the ownership of the trademark and wish the name a better future."

How important is the ownership of trademarks? A trademark protects the trademark registrant by ensuring that the trademark registrant enjoys the exclusive right to use it to indicate goods or services, or to license others to use it for remuneration. The trademark registrant has the exclusive right to use the trademark and is protected by law.

The widespread concern over this case also proves the importance of intellectual property protection among more and more celebrities. Therefore, celebrities should improve their awareness of safeguarding their rights, do a good job in the moat of intellectual property, and prevent malicious infringement and damage their own interests.

Note: the pictures and texts come from the Internet. If you have any valuable suggestions, please feel free to contact us for correction and update!


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