[Article] The Defense of Abuse of Trademark Rights: Internal Disputes within Organizations under the Iemoto System and among Noren-Wake Businesses (Mio Ishii, 2023
Updated: 6 hours ago
Article information
Article type: Publication review
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: 2025-01-03 (Japan time). Full English translation.
[Article] The Defense of Abuse of Trademark Rights: Internal Disputes within Organizations under the Iemoto System and among Noren-Wake Businesses (Mio Ishii, Intellectual Property Law and Policy Journal, Vol. 67 (202
1. There can be only one iemoto (head of a traditional school). This is a legal status carrying authority to direct and represent the organization.
⇒ When the iemoto dies without designating a successor, a successor has not been recognized on circumstantial facts alone. In the Shinmakoto-kai case, neither adopted child was recognized as the successor.
(In such a case, even if one party acquires trademark rights, exercising those rights against the other constitutes an abuse of rights.)
2. Noren-wake (allowing a branch business to operate under the original business's name)
⇒ Unlike designation of a successor under the iemoto system, a license may be recognized by implication. Even if one noren-wake business acquires trademark rights, exercising those rights against other legitimate noren-wake businesses often constitutes an abuse of rights.
(However, in the appellate judgment in the Morihan case, the defendant began using the mark “Morihan Sohonpo.” Because it was not identical under generally accepted social norms to “Morihan,” which had long been used, the court did not allow the abuse-of-rights defense for “Morihan Sohonpo.” In that sense, acquiring trademark rights first has some significance.)
3. In principle, rights do not lapse merely because they have not been exercised for a long time, but exercising them may constitute an abuse of rights in the following two types of cases.
(1) The defendant's mark has become famous.
(2) There is a special relationship between the plaintiff and defendant.
Translator’s notes (editorial)
The source heading ends mid-year at “202”; the separate source title ends at “2023” without closing punctuation. Those truncations are preserved. The school name is romanized as Shinmakoto-kai; the source supplies no reading.
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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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