The Allday vs ALLDAY PROJECT Dispute Explained
Australian artist Allday, whose real name is Tomas Henry Gaynor, is in the midst of a legal tussle regarding the name “Allday.” He claims that the K-pop group ALLDAY PROJECT, formed by THE BLACK LABEL, is infringing on his trademark. Allday has publicly expressed his frustration over their usage of the name and has criticized the quality of some K-pop music.
In a bold statement on his Facebook, Allday shared, “People keep asking me about this….. I have a trademark on the name Allday.” He emphasized that he owns the rights to the name and will not permit its use by any other artists, no matter how popular they may be.
Allday secured his trademark in Australia in June 2021, covering various areas such as digital music, live performances, and merchandise. He even registered it in the United States. His warning to THE BLACK LABEL and the ALLDAY PROJECT was clear: “Prepare for the greatest legal battle of all time.” This proclamation led to a wave of backlash from K-pop fans on his social media platforms.
Despite the criticism, Allday shared that he finds the level of hate directed his way to be surprising and disheartening, yet he remains resolute in defending his rights.
Possible Outcomes of the Legal Battle
Should Allday proceed with legal action regarding the trademark, the outcome may not be in his favor. The distinct nature of the name “ALLDAY PROJECT,” coupled with the fact that they represent different musical styles (K-pop versus rap), complicates the case. Additionally, if the dispute extends to South Korea or other jurisdictions, it could become even more challenging, especially without a global trademark registration.
Furthermore, established artists in the K-pop industry likely have legal protections of their own. Thus, resolving a legal conflict between artists from such differing genres and locations remains uncertain, particularly given the complexities of international trademark laws.
What do you think about the legal implications of this case? Are you team Allday or team ALLDAY PROJECT? Share your thoughts!
