Rain, Rain Go Away
by Tamera H. BennettJune 13, 2007
South Korean Hip Hop star "Rain" announced today the postponement of his U.S tour after being sued by U.S. musical group "Rain."
According to the U.S. trademark registration, the group Rain, first begin using the name in 1978. In August 2005, JYP ENTERTAINMENT CO., LTD, a Republic of Korea company filed a U.S. trademark application for RAIN. The application by the Korean company was eventually abandoned after they were unable to overcome a refusal by the trademark examiner based on likelihood of confusion with the Plaintiff's existing registration.
Rain Corporation filed the lawsuit in federal court in Nevada in February 2007. According to PACER, the hearing on Plaintiff's Motion for Temporary Injunction was to be held June 13, 2007. The court records have not yet been updated with the outcome of the hearing. Based on cancellation of the U.S. tour, one can assume the motion was granted.
I was curious about the U.S. musical group using the name Rain. How could I have missed a band that has been around for almost 20 years and based upon their pleadings had earned millions of dollars? Easy answer, I have not been attending enough concerts featuring Beatles Tribute bands.
UPDATE 6/27/07 Well, I was wrong. The preliminary injunction was not granted. The Court was unable to hear the preliminary injunction prior to the start of Rain's U.S. Tour, so Rain (Hip Hop Artist) canceled performances waiting on the Court to rule.
The Court denied Rain's (Beatles Tribute Band) motion for a preliminary injunction to stop Rain (Hip Hop Artist) from performing in the U.S. until the pending litigation is resolved.
The Court held:
The limited evidence before the court fails to show that Plaintiff (Beatles Tribute Band) has a strong likelihood of success on the merits. Furthermore, there is insufficient evidence of irreparable harm should an injunction issue. Nonetheless, Plaintiff has raised serious questions with respect to trademark infringement that will likely need to be decided by a jury.
Rain (Hip Hop Artist) will start his U.S. tour in LA at the Staples Center on June 30.
UPDATE JULY 7, 2007 Rain (Hip Hop Artist) cancelled the show at Staples Center on the day of the event. Is there more litigation on the horizon?
