According to the Seoul Central District Court, prior to the appeal proceedings for damages filed against an internet shopping mall by Suzy, both sides have decided to try to settle out of court.
If the legal teams on both sides cannot amicably resolve the dispute out of court, the case will once again be reopened and submitted for judgement by the court of law. In April of last year, both sides tried and failed to reach a settlement out of court, but failed to reach an agreement.
This time around many are wondering whether the use of a court-appointed arbitrater will help to reach an agreement in the settlement proceedings.
The original case was filed by Suzy against an internet shopping mall that from September 2011 to February 2014 advertised a “Suzy Hat”, placing the phrase at the top of their keyword search on their homepage in order to advertise the phrase (and by extension, their product) to site visitors. Then, beginning in 2013 the internet shopping site also began pairing Suzy’s name with phrases like “Airport Fashion” and “Media Interview” and using pictures of Suzy without permission.
At the time, Suzy’s representatives made a statement saying, “Using Suzy’s name and image without permission is an infringement on her publicity rights,” before immediately filing a lawsuit against the internet shopping mall.
In the initial case the court took the side of the shopping mall, refusing to acknowledge using a person’s name or pictures as an infringement on publicity rights. At the time, the court ruled, “The control of a person’s name and likeness for commercial use is certainly included in their own name and portrait rights, and thus there is no need to acknowledge publicity rights as a separate concept. For the reason of using a person’s name and portrait right alone, whether the plaintiff did not enter into a contract with another person for the rights to use their face or likeness, or if a pre-existing contract was later signed, we cannot see it as suffering property damage.”
Suzy then filed for an appeal against the shopping mall, which was scheduled to take place in the next few days. However, it seems that Suzy and the shopping mall will be making a settlement attempt, which would likely involve the shopping mall company paying Suzy for the use of her name and image and Suzy dropping the appeals case.
Whether or not a settlement will be reached we still don’t know, but moonROK will certainly keep you updated on Suzy’s case.
Source: Star News
Tags: Lawsuit miss A Suzy