“Baby Shark” song in copyright battle
According to WBNG, the popular (and incredibly catchy) children’s song, “Baby Shark”, is at the centre of a copyright dispute between a New York children’s entertainer and artist, Jonathan Wright (“Johnny Only”), and a Korean children’s entertainment brand, Pinkfong.
In 2011, Johnny Only recorded a video rendition of the song “Baby Shark”. Prior to Johnny Only’s recording, the song had only ever been passed down orally, commonly featured at various children’s camp and school activities. Five years later, in 2016, Pinkfong recorded its own rendition of the song with an accompanying music video.
Johnny Only told CBC Radio that, technically, nobody owns the Baby Shark song, which dates back to the 1900s, because it is classified as ‘traditional’. Johnny Only claims he was responsible for making the song more toddler-friendly by removing the gory details pertaining to an actual shark attack.
Both the Pinkfong version and the Johnny Only version are extremely similar. However, the Pinkfong video has received worldwide attention, with more than 172 million views on YouTube while the Johnny Only video, on the other hand, sits just shy of 100 thousand views.
According to CBC Radio, Johnny Only is waiting for the Korean courts to decide who, if anyone, owns the rights to the current version of the song. He has stated that he hopes to receive some recognition for the part he played in making the song the worldwide phenomenon it is today.
Author: Anna Condon, 2018/2019 Articling Student-at-law
Photo Credit: https://unsplash.com/@davidclode
Expertise
Insights
-
Intellectual Property Litigation
Trademarks Opposition Board Moves to Digital-Only Submission of Confidential Information
As of June 1, 2026, the Trademarks Opposition Board (TMOB) requires all confidential evidence and documentation in proceedings under sections 11.13, 38, or 45 of the Trademarks Act (the “Act”) to be… -
Intellectual Property Litigation
Kansas City Chiefs Stars Sued for Trademark Infringement Over Steakhouse
The sneaker company, 1587 Sneakers, is reportedly suing Kansas City Chiefs players, Patrick Mahomes and Travis Kelce, along with their restaurant partners, for trademark infringement.1587 Sneakers… -
Intellectual Property Litigation
A Pecking Order Problem: Pudgy Penguins Faces Penguin Trademark Lawsuit
As reported by Bloomberg Law News, PEI Licensing (“PEI”), the owner of the Penguin apparel brand, has sued Pudgy Penguins NFT (“Pudgy Penguins”) for trademark infringement.Pudgy Penguins started as a… -
Intellectual Property Litigation
Old Brand, New Problems? Nike’s Attempt to Revive “Total 90” Soccer Cleats
Nike is reportedly attempting to revive its classic “Total 90” soccer cleat line, but has encountered an unexpected setback. Total90, LLC has reportedly asserted that Nike is infringing its… -
Intellectual Property Litigation
A Swing and a Miss: The “All Rise” Trademark Attempt
As reported by Bloomberg, attempts to register marks covering the phrases “All Rise” and “Here Comes the Judge” were rejected by the U.S. Court of Appeals for the Federal Circuit. In… -
Intellectual Property Litigation
Hershey’s Kisses Go to Court – Federal Court of Appeal Decision in PIM Brands Inc. v. Hershey Chocolate & Confectionery LLC
The Federal Court of Appeal’s recent decision in Promotion in Motion, Inc. (PIM Brands, Inc.) v. Hershey Chocolate & Confectionery LLC offers fresh guidance on how courts evaluate survey evidence…