[Unfair Competition Prevention Act j] 2023 (Ne) 10048 “Dr. Martens” <Miyasaka>
Updated: 2 days ago
Article information
Article type: Case note
Category: Trademarks, Unfair competition law
Topics: Distinctiveness, Confusion
First published on this website: 2026-11-01
Display and classification checked: November 2, 2026
Originally published on Ameblo: 2024-08-22 (Japan time). Full English translation.
[Unfair Competition Prevention Act j] 2023 (Ne) 10048 “Dr. Martens” <Miyasaka>
(1) Yellow welt stitching
(2) Sole edges
(3) Heel loops
Conspicuous characteristics and strong source-identifying power in these three respects
+ Other features of shape
⇒ Defendant Product 2 also creates misidentification and confusion, although it lacks feature (3).
⇒ Rights holder prevailed
(Cf. Trademark registration based on feature (1) alone was denied.)
Translator’s notes (editorial)
Editorial correction: The duplicated wording “Yellow welt welt” in the source has been corrected to “Yellow welt stitching,” consistent with page 7 of the judgment. The source’s “j” in the heading is preserved.
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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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