D’LIGHT Law Group reviewed whether there was any infringement of copyright/trademark rights and whether there was any unfair competition when a customer creates a game promotion video parodying the title and format of popular YouTube content. D’LIGHT Law Group analyzed the Supreme Court ruling that recognized creativity in the selection and arrangement of elements of reality broadcasting, examined whether creativity could be recognized in a video work targeted for parody, and examined the practical similarity between the YouTube video and the promotional video. D’LIGHT Law Group analyzed the court ruling on the title of the content and gave the opinion that even if a customer uses a title parodying the title of the YouTube video as the title of a promotional video, trademark infringement is not recognized. Lastly, by analyzing existing judgments on unfair competition, Delight does not constitute an act of product or business entity confusion because the title of YouTube content itself is not known as a mark that identifies a specific product or business entity. We gave the opinion that it is not an act of sexual exploitation in that it is difficult to see that the economic interests of YouTube popular content producers have been infringed due to the production of parody videos in that there is no competition between the content producer and the customer. Customers were able to create the promotional video and use it for marketing events.
