Singer Kahi loses trademark dispute against cosmetics brand KAHI

Singer Kahi lost a legal battle over her dietary supplement trademark after the Patent Court ruled on May 20 that the name could cause consumer confusion with the cosmetics brand KAHI, which has sold over 10 million units.

Singer Kahi, a former member of the group After School, has ultimately lost a legal dispute surrounding a trademark identical to her stage name. The court determined that the "KAHI" trademark, which she registered for use on health food products, could cause consumer confusion with the cosmetics brand KAHI, which has already secured high brand recognition. While Kahi's side argued that she had been active under that stage name since before the cosmetics company was established, the court placed greater weight on the brand's recognition and the connection between the products.

On April 23, the Patent Court ruled in favor of the cosmetics brand KAHI in a lawsuit seeking to invalidate the trademark registration of Kahi's dietary supplement trademark "KAHI." Although Kahi's side appealed the ruling, they withdrew the appeal one week later, finalizing the loss on May 20. This resulted in a disappointing outcome for Kahi, who had been pursuing a brand business using her own name.

The dispute dates back to 2021. In May of that year, Kahi applied for the English trademark "KAHI" for use on dietary supplements and received a trademark registration decision in December 2023. However, the cosmetics brand KAHI argued for the invalidation of the registration, claiming that the identical names could lead consumers to confuse the source of the products.

Kahi's side maintained the position that she was simply using her stage name as a trademark. Their core logic was that she had been active in the entertainment industry under the name "Kahi" long before the cosmetics brand appeared. This was also interpreted as a challenge to whether she should be restricted from using her long-known name for a health food business. However, in trademark disputes, several factors are considered beyond just who used the name first, including the scope of the designated goods, the recognition of the existing trademark, and the possibility of consumer confusion.

Previously, the Intellectual Property Trial and Appeal Board had ruled in favor of Kahi, noting that cosmetics and dietary supplements are different types of products. However, the Patent Court reached a different conclusion. The court's reasoning was that even if the types of products are different, it is difficult to allow trademark registration if consumers are likely to perceive the two products as being made by the same company or related companies. The court determined that the possibility of conflict between trademarks cannot be ruled out simply because the business sectors are different.

One of the factors the court focused on was the market recognition of the cosmetics brand KAHI. The court judged that KAHI had secured significant recognition, having conducted product product placement (PPL) in 25 works, including the drama "Extraordinary Attorney Woo," and surpassing 10 million units in sales approximately one year and six months after its launch. The logic is that because it is a widely known trademark, consumers might suspect a connection between the brands if another product using the same name appears.

The fact that cosmetics and dietary supplements pursue similar functional purposes also influenced the decision. Both products span the areas of appearance management and health promotion, meaning consumers may mistake them for products released by the same company. This is interpreted as a judgment that the possibility of confusion cannot be dismissed solely by the boundary between products, especially as it is not uncommon for cosmetics companies to expand into health-related products as consumers increasingly seek to manage both health and beauty together.

It was reported that although Kahi registered the trademark, she had not actually used it on real products. This highlights the difference between trademark rights and actual business activities. Even if there are circumstances where one used a name first, whether the trademark was actually used on the products after registration, the recognition of the existing trademark, and the possibility of consumer confusion can be reviewed separately. This ruling demonstrates that when using a famous person's stage name as a trademark, the relationship with existing brands must be carefully examined.

Kahi debuted in 2009 as the leader of After School and gained popularity with hit songs such as "Diva," "Because of You," and "Bang!". She subsequently expanded her activities as a solo singer and musical actress, and married a businessman in 2016, with whom she has two sons. Kahi, who showed intense charisma on stage, has encountered an unexpected legal barrier in the process of pursuing a business under her own name.

This dispute prompts a reconsideration of the boundaries of trademark rights in an era where a celebrity's name is used as a commercial asset beyond personal identity. The personal meaning of a stage name used for a long time and the legal protection of a trademark that has built market recognition first are separate issues. Ultimately, the court used the potential for consumer confusion in the actual market as the primary criterion rather than the origin of the name. Kahi's trademark dispute leaves a lesson for celebrities attempting to use their names for business that prior review of trademark preemption, product scope, and brand recognition is crucial.

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