SM Entertainment has accused EXO former members Luhan and Kris or Wu Yi Fan of illegally using their fame they acquired for being talents of their company. Aside from ongoing case of nullification of contract these two stars are facing breach of contract due to allegedly accepting works in China without SM's consent.
"Korean SM Entertainment as the legal agency of EXO's former members Kris and Luhan has formally filed official lawsuits against companies that have been using Luhan and Kris, who are currently pursuing activities illegally, as advertisement models. Our lawsuit was formerly accepted into Chinese courts in 2015 February 4th. We have taken this action to prevent Kris and Luhan from further pursuing their activities in an illegal manner and to prohibit further damages.
Kris and Luhan have filed a lawsuit through Korean legal channels in May and October of 2014 respectively. After their one-sided legal action and before the matter was even taken to court, the two have been using EXO's fame to participate in movies, advertisements, events and award shows. These activities have infringed on the rights of EXO members as well as SM and also caused extensive financial damages to SM and its partners.
SM used massive amounts of resources to turn EXO into one of the best artists in the world. Kris and Luhan left the group without sufficient reason as soon as the team gained fame and ignored contracts, trust and ethics and pursued their own profit. This action betrayed the trust between them and the company as well as the members. This action is also an abuse of the legal system.
The exclusive contract between SM with Kris and Luhan are in effect until the final decision is made in court. Therefore we plan to hold them responsible for all their illegally carried out activities in that duration. Also any solitary actions that brings in profit are an infringement of their contract. We will make sure they are held legally responsible for such actions.
We are working with Chinese legal representative KING&WOOD MALLESONS against those who have used the two as product models. We are also going to protect the rights of the company and EXO in other countries besides China to prevent further damages," SM Entertainment's official statement about the case.
In response to SM's new case, Luhan's representatives shared that their client's activities in China is not part of the scope of SM's contract. They also added that charge they file is beyond Shanghai courts' jurisdiction.
Meanwhile, Kris and Luhan met on Sunday, February 8, at 2015 CCTV Spring Gala's rehearsal. It's just a brief reunion but good enough to excite their fans ad make it a worldwide trending topic on Twitter through hashtag #KRISHANDAY. In addition to this engagement, Wu Yi Fan is part of Chinese film 'Somewhere Only We Know" that's slated to show in selected cinemas in North America on February 13.
Join the Conversation