Overview of Intellectual Property High Court Case 2024 (Trial for Patent Decision Cancellation) No. 10031
Case Overview
- Case: Intellectual Property High Court 2024 (Ne) No. 10031
- Parties Involved:
Plaintiff: Kiyomura Corporation (operates “Sushizanmai” sushi chain in Japan)
Defendant: Daisho Japan Co., Ltd. (a Japanese company exporting seafood and operating a sushi restaurant in Malaysia under the name “Sushi Zanmai”)
- Key Issue: Whether the use of the “Sushi Zanmai” trademark by Daisho Japan on its Japanese-language website constitutes infringement of Kiyomura’s trademark rights under Japanese trademark law.
Summarization of the Case
Kiyomura Corporation, the operator of the “Sushizanmai” sushi chain in Japan, filed a lawsuit against Daisho Japan Co., Ltd. for displaying the “Sushi Zanmai” logo on its Japanese-language website. Kiyomura argued that this constituted infringement under Japanese Trademark law.
The Tokyo District Court ruled in favor of Kiyomura, determining that the display of the trademark on Daisho Japan’s website was equivalent to advertising the sushi restaurant, thereby infringing on Kiyomura’s trademark rights.
On appeal, however, the Intellectual Property High Court overturned the district court’s decision. The High Court found that the website was to promote Daisho Japan’s seafood export business, not to advertise the sushi restaurant in Malaysia. Therefore, the use of the “Sushi Zanmai” logo on the website was considered as mere a reference to the overseas business.
Significance of the Case
This case is significant in that it addresses the application of Japanese trademark law to web contents which is meant to read in Japan but related to foreign business. The Intellectual Property High Court’s decision emphasizes the importance of substantive analysis of the context, when determining whether a trademark in the website constitutes infringement, particularly when the website is about overseas activities not directly connected to the domestic market.
