Rain – Not By Any Other Name

South Korean singer Rain can get back to planning his conquest of the U.S. now that a Nevada state district court has declined to issue an injunction against him in the copyright infringement lawsuit filed by the Fab Four tribute band Rain – The Beatles Experience.

The suit, filed last February by Rain Corp., asked that Rain, whose real name is Jung Ji-Hoon, be barred from using his stage name in the States, and seeks damages plus "three times the profits attributable to the Defendants infringement of the Mark."

In his ruling on the motion for an injunction, a copy of which was obtained by Pollstar, Judge Larry R. Hicks disagreed with Rain Corp.’s assertions that allowing the singer to perform under the name would "destroy its hard work and investment because it will be forced to explain to the public and music venues that Plaintiff is not the Korean ‘Rain.’"

Hicks also ruled that Rain would suffer far greater hardships than Rain Corp. if an injunction was issued because he "is currently beginning the United States Portion of his 2006-2007 World Tour."

"Should an injunction issue," Hicks wrote, "Jung will likely incur substantial costs in communicating the name change effectively."

He went on to outline the scope of the expense involved in changing the name printed on "concert-related merchandise, such as t-shirts, hats and phone straps that would have to be withdrawn from the marketplace."

And finally, he said that it was "certainly possible that an injunction would confuse Jung’s fans as to whether he is actually performing and cause those fans to return tickets or decline to attend Jung’s concerts."

Hicks, did however point out that the suit "raised serious questions with respect to trademark infringement that will likely need to be decided by a jury."

Calls to Rain’s representatives for comment on the ruling and to determine when the postponed concerts will be rescheduled were not immediately returned.