Trademark — IP High Court, 2023 (Ne) 10091: “Gendai no Riron” (Miyasaka)
Updated: 3 hours ago
Article information
Article type: Case note
Categories: Trademarks
Topics: Abuse of rights, Trademark use
First published on this website: 2026-10-16
Display and classification checked: 2026-10-17
Case information: 2023 (Ne) 10091
Trademark — IP High Court, 2023 (Ne) 10091: “Gendai no Riron” (Miyasaka)
* No abuse of rights. Ultimately, the defendant nonprofit organization’s failure to register the trademark was the reason it lost.
As a member of the “Gendai no Riron Editorial Committee,” the plaintiff has published an electronic edition of “Gendai no Riron” since 2014.
The defendant has published the magazine “Gendai no Riron” since June 2016.
As soon as the defendant announced in February 2016 that it would resume publication of the magazine “Gendai no Riron,” the plaintiff obtained Trademark Right 1 with Class 9 “electronic publications” and Class 16 “printed matter” as the designated goods.
On March 24, 2021, a trial decision became final revoking, on grounds of non-use, the registration for Class 16 “printed matter” among the designated goods of Trademark 1. Soon afterward, however, on September 6, 2021, the first-instance plaintiff applied to register Trademark 2 with Class 16 “printed matter” as the designated goods, obtained registration, and filed this lawsuit.
⇒ The defendants’ use of their respective signs on printed matter can, at a minimum, be regarded as use on goods similar to Class 9 “electronic publications,” which are designated goods of Trademark 1. Thus, even if the plaintiff has no plans to publish “Gendai no Riron” as “printed matter,” such as a magazine, it can seek an injunction against the first-instance defendants’ acts on the basis of its trademark right designating “electronic publications.”
Originally published: 2025-03-11
Original Japanese post: https://ameblo.jp/hideki-takaishi/entry-12889488165.html
Update history
This history records actual publication, display, and classification changes made on this website.
2026-10-16: The AMEBLO source was first published on this website.
2026-10-17: Added classification, topic tags, article information, translation navigation, related articles, consultation guidance, and SEO. The original article text was not changed.
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