In the K-pop world, official light sticks are interactive items with unique designs for each artist. They are not mere merchandise but talismans of fandom. Recently, Netflix introduced light sticks in this way while selling ‘KPop Demon Hunters’ merchandise.
The symbolic ‘light stick’ of K-pop has recently emerged as the center of controversy in the entertainment industry. This is because a dispute over the similarity of light stick designs between the group THE BOYZ and the girl band QWER has escalated, increasing the likelihood of a legal conflict.
As the ‘light stick conflict’ between the two sides grew, entertainment-related organizations stepped in for mediation, even raising the ‘K-pop crisis theory.’ The Korea Entertainment Producers Association (KEPA) stated in a statement late last month, “This controversy facing the K-pop industry is not merely a conflict arising from the design of a single item. It is a significant issue involving the sustainability of the future Hallyu (Korean Wave) ecosystem, global market competitiveness, and the health of K-pop fandom culture.”
THE BOYZ vs. QWER Light Sticks: What’s the Issue?
The controversy over the alleged plagiarism of light stick designs began when QWER recently released a light stick shaped like a megaphone ahead of its world tour. THE BOYZ’s fandom, ‘The BOYZ,’ pointed out that it resembles THE BOYZ’s heart-shaped megaphone light stick released in 2021.
THE BOYZ was the first to release a light stick in the shape of a megaphone, and the claim is that the logo on the center of the speaker, the handle position, and other elements are similar. Additionally, this light stick is a product for which the production company Cofan Global completed design registration in May 2022 after passing the Korean Intellectual Property Office’s examination, raising the possibility of design rights infringement.
On the other hand, QWER’s fandom, ‘Bawi Ge,’ countered that a megaphone is a design anyone can think of. QWER’s agency, Three Y Corp. and Prism Filter, stated, “QWER’s official light stick has no issues in terms of design or copyright.”
Afterward, THE BOYZ’s agency announced, “After recognizing the issue, we have been in discussions with QWER’s side and requested design changes, but we have not reached a final conclusion,” and warned that they would proceed with legal steps to prevent recurrence.
Three Y Corp. and Prism Filter insisted, “We have been advised that there are no issues, including copyright infringement,” and continued to sell the light stick.
How should the similarity of light sticks be judged? Lee Jae-kyung, professor at Konkuk University and head of the Korean Entertainment Law Society, said, “The most important factor in design rights is how many similar designs have been publicly disclosed before. Depending on this, the scope of similarity can widen or narrow. It seems unique that the light stick is in the shape of a megaphone, whether the front is a heart or a circle. The key is whether this can be considered the right of the design applicant.”
“Concerns Over Damage to K-pop’s Image Due to Light Stick Controversy”
The entertainment industry is worried that this light stick conflict could tarnish the positive image K-pop has built. Emotional rifts between fandoms are also growing. THE BOYZ’s fandom is digging up the history of some QWER members who previously worked as female BJ streamers, while some QWER fans are leaving threatening comments to THE BOYZ’s fans, attacking each other.
KEPA stated in its statement, “The foundation of K-pop’s creativity, identity, and sustainable growth lies in the respect for intellectual property and mutual trust among artists, fandoms, companies, and the entire cultural industry. The controversy over the similarity of THE BOYZ and QWER’s official light stick designs goes beyond a simple imitation or dispute. It is an opportunity that resonates deeply with the future of K-pop merchandise culture, the sense of community among fandoms, and the global competitiveness of the Korean Wave.” It added, “If each side only confronts each other legally, the entire K-pop industry will face serious risks, including a decline in creativity, deepening exclusivity and isolation in fan culture, and a loss of trust in domestic and international markets.”
The Korea Management Union also said, “The issue of design similarity and imitation is sensitive. Since intellectual property rights are intangible assets, the boundaries can be ambiguous. We will do our best to help reach an agreement.”
The ‘Symbol of K-pop’ Light Stick: The Identity of Artists and Fandoms
So why does the light stick hold such significance for fans and entertainment agencies that legal action is being threatened? This is related to K-pop’s characteristic fandom-based passionate cheering culture.
In the 1990s, fandoms cheered for their artists by waving balloons in colors symbolic of the artist: white for H.O.T, orange for Shinhwa, and sky blue for god. At the Dream Concert, where popular artists gather, the number of balloons of a certain color was a measure of a fandom’s influence. Fandoms united around balloons and defined their identity by distinguishing themselves from other fandoms. As setting a symbolic color became essential, second-generation idols introduced various colors like pearl red, pastel rose heart, and pearl metal gold.
The evolution of cheering tools from balloons to light sticks began with the artist SE7EN. YG Entertainment released a glow stick in the shape of the number ‘7’ as SE7EN’s cheering tool instead of balloons. Later, BIGBANG released the ‘Bang Bang,’ a crown-shaped light stick symbolizing their fandom ‘VIP,’ starting the culture of waving light sticks with luminescence.
Now, entertainment agencies release light sticks reflecting the artist’s symbol or the fandom’s characteristics once the fandom reaches a certain size. BTS’s official light stick is the ‘Army Bomb,’ a bomb-shaped ‘Army Bomb’ inspired by their fandom name ‘Army.’ The girl group BLACKPINK has the ‘Ppong Bong,’ a heart-shaped mallet. Reflecting the group name, the heart is pink and the handle is black. The fandom name of SEVENTEEN is ‘carat,’ a unit of diamond mass, and their light stick features a diamond. NewJeans’s light stick is the ‘Bingky Bong,’ shaped like a rabbit, the artist’s symbol.
Ms. Lee, 34, who has been a fan of idols for 16 years, said, “Even if it’s not a concert, I bring the light stick to various schedules. Then, when the artist sees a fan with the light stick, they recognize, ‘Oh, there are our fans,’ and greet them. Also, since there are so many light sticks these days, the more unique the shape, the more pride fans take. The light stick is like a unique identity, so wouldn’t it be unpleasant if they were similar?”
Technology is also advancing. Light sticks now have remote control functions to change their lights in sync with the artist’s song. While fans used to cheer for artists unilaterally by waving balloons, light sticks have become a medium connecting artists on stage with fans in the audience. Park Jin-young, co-chair of the Presidential Committee on Popular Culture Exchange, introduced the light stick to President Lee Jae-myung at the committee’s launch ceremony on the 1st, saying, “In other performances, the audience remains consumers, but in K-pop, the audience is one and the main body of the performance. The message, ‘We are one with you,’ directed at fans, is significant. Without it, it becomes the same as other entertainment industries.”
Unwritten Rule: Avoiding Similar Colors and Designs
There have been previous conflicts between fandoms over symbolic colors and light sticks. However, artists often mediated between fans, or junior artists avoided similar designs and colors to prevent controversy. The meaning was to respect each other and avoid futile fights.
In 2015, when the group BTOB set their official color to sky blue, god’s fans protested. At the time, god’s leader Park Joon-hyung wrote on social media, “A symbol is something you give meaning to in your heart and mind, even if it’s not visible. Because the sky blue friends (fans) have existed for so long, the pretty juniors grew up influenced by them from childhood to now, never forgetting their dreams and striving to reach here. I’m proud. Everyone is great,” comforting both fans and junior artists.
Light Sticks: Now, Let’s Follow the Law?
The current light stick conflict between THE BOYZ and QWER is a case where a fandom feud has escalated into a conflict between entertainment agencies. The trigger was THE BOYZ’s agency, One Hundred, warning of a “strong response, including legal procedures.”
The reason legal action is being discussed is that light sticks are important products in the K-pop industry. Korean entertainment agencies plan a worldview or concept when introducing idols. The idol group’s name and official logo are intangible assets created by the agency—intellectual property (IP). Light sticks are one of the merchandise released by entertainment agencies utilizing the artist’s IP.
Accordingly, entertainment agencies are rushing to register light stick designs with originality. A search for ‘cheering stick’ or ‘light stick’ on the Korean Intellectual Property Office’s KIPRIS shows about 90 registered designs, mostly official light sticks of artists registered by entertainment agencies or merchandise production companies.
The merchandise market, including light sticks, photo cards, and clothing, is also growing. This is because it is highly profitable and can secure stable sales linked to concerts. According to the Financial Supervisory Service’s disclosure system, domestic leading entertainment company HYBE’s concert sales last year were 450.9 billion Korean won, up 25.6% from 359.1 billion Korean won the previous year. Accordingly, last year’s sales of merchandise (MD) and licensing linked to concerts also increased by 29.1% to 420.2 billion Korean won compared to the previous year.
HYBE recorded 152.9 billion Korean won in its MD and licensing sector in the second quarter of this year, a 40% increase from the same period the previous year. SM Entertainment’s MD and licensing sales in the second quarter of this year were 63.9 billion Korean won, up 39.6% from the same period the previous year.
The foundation supporting this revenue is ultimately the K-pop fandom. Luminate, a U.S. music market analysis firm, described the K-pop merchandise market as ‘Big Business’ in its 2023 annual report. In 2022, Z-generation K-pop fans in the U.S. were found to spend $24 (approximately 30,000 Korean won) monthly on merchandise. In particular, U.S. K-pop fans were 50% more likely to purchase related products even when they couldn’t attend concerts compared to general fans. Luminate analyst Haley Jones said of K-pop fans, “They are highly loyal and passionate,” and noted that the proportion of ‘super fans’ is significantly high.
Given the growing size of the merchandise market and the need to accommodate the dissatisfaction of the global fandom that supports this revenue and protect intellectual property rights, there is value in legally examining the similarity of light sticks.
The Light Stick War Is Ongoing
Although not a design similarity issue, a patent infringement lawsuit is currently underway over light stick technology. In 2020, Fanlight, the largest domestic light stick company, filed a lawsuit against Bitro, a lighting device manufacturer, seeking an injunction against patent infringement.
Fanlight registered a patent in late 2018 for a technology that groups and controls light sticks wirelessly. They argue that if Bitro used this technology even briefly to display different colors on light sticks in the audience, it would infringe on the patent.
In response, Bitro argued, “We do not pre-set light stick groups but use technology that assigns unique identification information to each light stick for control,” and the first and second trials ruled in Bitro’s favor. The case is currently under review by the Supreme Court.
Experts believe that if light sticks become entangled in creativity controversies, it will inevitably affect the trust in the K-pop industry. Kim Hern-sik, a pop culture critic, said, “While there are cases of using long, rod-shaped glow sticks to cheer in other countries, Korea is unique in having specialized light sticks that embody the identity of artists and fandoms. It is difficult for latecomers to differentiate while pioneers secure designs, but plagiarism could lead to mutual destruction.” However, he added, “As design similarity controversies will increase in the future, rather than disputing each case legally, efforts are needed for Park Jin-young, co-chair of the Presidential Committee on Popular Culture Exchange, to create guidelines for light sticks, as the committee has been launched.”
