[Trademark] IP High Court, 2020 (Ne) 10017 <Honda> — First Cumulative Application of Paragraphs 2 and 3 in a Trademark Case

日本語原文 / Japanese original

Article information

Article type: Case note

Category: Trademarks

Topics: Abuse of rights

First published on this website: 2026-11-01

Display and classification checked: November 2, 2026

Originally published on Ameblo: 2024-08-27 (Japan time). Full English translation.

https://ameblo.jp/hideki-takaishi/entry-12865150608.html

[Trademark] IP High Court, 2020 (Ne) 10017 <Honda>

One of three parties that had long used the “Morihan” indication obtained a trademark registration for “Morihan.”

⇒ Enforcing rights against “Morihan” constitutes an abuse of rights, but enforcing them against “Morihan Sohonpo” does not.

For the first time in a trademark case, cumulative application of paragraphs 2 and 3 was permitted.—“Nonidentity of markets”

https://www.ip.courts.go.jp/app/hanrei_jp/detail?id=5868

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