"Sam-i Yeodeolga! Sampilgwang~ttaeng" ... Lee Dae-ho, "Contract Violation" in Designated Driver Ad
Use of Advertising Materials Without Agreement with Lee Dae-ho
Law: "Critical Damage to Honor and Credibility"... Partial Injunction Granted
[Asia Economy Reporter Hwang Sumi] A provisional injunction filed by former Lotte Giants player Lee Dae-ho against a designated driver company that used his face and Hwatu card images in advertisements has been partially granted by the court.
According to Yonhap News on the 27th, the 21st Civil Division of Changwon District Court (Presiding Judge Kwon Soon-geon) partially accepted the provisional injunction filed by Lee against company A for infringement of portrait rights and other issues.
Company A signed an advertising model contract with Lee in July and proceeded with advertisements using Lee’s photos across various media such as banners and flyers. The parties agreed that all advertisements would be reviewed and approved prior to release.
However, problems arose when the company used advertisements produced without Lee’s consent for marketing purposes.
The controversial advertisements featured a photo of Lee wearing a baseball uniform and holding a bat, surrounded by Hwatu card images and the phrase "Sampal (38) Gwangttaeng." Sampal Gwangttaeng, a combination of the 3 Gwang and 8 Gwang cards, is known as the highest-value hand in the Hwatu game.
In response, Lee’s side demanded that the company collect or destroy all advertisements violating the contract terms, citing damage to the player’s image due to the inappropriate use of Hwatu images and other elements in the ads.
When some advertisements were not collected, Lee’s side notified the company last month of contract termination and submitted a provisional injunction request to the court demanding a ban on infringement of portrait rights and other violations.
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The court ruled, "Company A violated the advertising contract regulations by producing and using advertisements without Lee’s consent," and judged that "the advertisements evoke promotion of illegal gambling sites, causing fatal damage to Lee’s honor and credibility."
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