Park Seo Joon Files $4M Lawsuit Against Restaurant Over Portrait Rights

In a notable legal case, South Korean actor Park Seo Joon has initiated a lawsuit against the owner of a raw marinated crab restaurant that featured prominently in his hit K-drama, "What's Wrong With Secretary Kim?" This dramatic development was reported by the Korean news outlet Herald Corp on October 10, 2023. Park Seo Joon, whose real name is Park Seo Jun, alleges that the restaurant owner, referred to as Mr. A, unlawfully used images from the popular series to promote his business without obtaining prior consent from the actor.

The incident traces back to July 2018, when Park Seo Joon's character consumed raw marinated crab in a scene designed to impress the family of the female lead, portrayed by actress Park Min Young. Approximately one year later, Mr. A began displaying promotional banners that referenced this scene, with slogans such as, "The restaurant where Park Seo Joon devoured crabs" and "The crab dish even Park Seo Joon fell in love with." These advertisements were prominent both inside and outside the restaurant from August 2019 until September 2024. Furthermore, Mr. A had invested in search engine advertisements on Naver for nearly six years, further entrenching the association between the restaurant and the K-drama.

Upon discovering the unauthorized promotional materials, Park Seo Joon sought legal redress, claiming that Mr. A's actions constituted a violation of his portrait rights. His legal counsel initially demanded ₩6.00 billion KRW (approximately $4.44 million USD) in damages, which they calculated based on the actor's average endorsement fees multiplied by the duration of the infringement.

Mr. A defended his actions by stating that utilizing scenes from K-dramas for promotional purposes is a common industry practice among sponsors. However, the court ultimately sided with Park Seo Joon, concluding that his portrait rights had indeed been infringed. The court awarded a significantly lower amount of ₩5.00 million KRW (about $3,700 USD) to Park Seo Joon, with both parties responsible for their respective legal costs. As neither party opted to appeal the ruling, the decision is final, leading to the removal of the controversial advertisements by Mr. A.

Following the lawsuit, public opinion on social media has been mixed. Some netizens expressed disappointment in Park Seo Joon, labeling the lawsuit as excessive and questioning the justification for the high damages initially sought. Comments ranged from accusations of pettiness to critiques regarding the financial feasibility of claiming such high damages against a small business owner.

In a follow-up statement, Park Seo Joon's management agency, awesome.ent, clarified that the actor's actual lawsuit sought ₩60.0 million KRW (approximately $44,400 USD), taking into account the size of the defendant's business and other mitigating factors. They expressed concern over ongoing reputational harm and defamation related to public reactions to the case, emphasizing their commitment to protecting Park Seo Joon's personal and portrait rights rigorously.

This case raises important questions regarding the boundaries of marketing practices in the entertainment industry, particularly concerning the rights of public figures. The legal implications of portrait rights are evolving, especially in the context of South Korea's robust entertainment sector, which increasingly intertwines with commercial interests. Experts suggest that this ruling may set a precedent for similar disputes in the future, highlighting the need for clarity in agreements between actors and businesses that seek to leverage their likeness for promotional purposes.

As the entertainment landscape continues to shift, both industry professionals and legal experts will be closely monitoring the outcomes of such cases, which may influence future marketing strategies and the protection of individual rights in the realm of public personas.