“Dr. Martens’ Yellow Stitching” [Trademark] 2023 (Gyo-Ke) 10003 [Unfair Competition Prevention Act] 2023 (Ne) 10048
Updated: 6 hours ago
Article information
Article type: Case note
Category: Trademarks, Unfair competition law
Topics: Well-known and famous marks, Indications of goods or business
First published on this website: 2026-11-01
Display and classification checked: November 2, 2026
Originally published on Ameblo: 2024-07-01 (Japan time). Full English translation.
“Dr. Martens' Yellow Stitching”
[Trademark] 2023 (Gyo-Ke) 10003 <Honda>
⇒ Lost
The position mark lacks distinctiveness.
The only evidence showed black areas apart from the stitching; Article 3(2) was also not satisfied.
[Unfair Competition Prevention Act] 2023 (Ne) 10048 <Miyasaka>
⇒ Won
Well-known status and similarity under Article 2(1)(i) of the Unfair Competition Prevention Act: satisfied
Unlike the first-instance court, the court treated it as an “indication of goods or business” in combination with other features!!
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The first-published date remains unchanged. Display maintenance, classification changes, related-article updates, and text corrections are recorded separately.
November 1, 2026: First published on this website.
November 2, 2026: Added article information, classification, topics, language navigation, related articles where the same case was confirmed, consultation guidance, and SEO. The original text and first-published date were preserved.
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