[Unfair competition] IP High Court, Heisei 31 (Ne) No. 10002 (Judge Otaka)
Updated: 3 hours ago
Article information
Article type: Case note
Categories: Unfair competition law
Topics: Indications of goods or business, Confusion
First published on this website: 2026-10-16
Display and classification checked: 2026-10-17
Case information: Heisei 31 (Ne) No. 10002
[Unfair competition] IP High Court, Heisei 31 (Ne) No. 10002 (Judge Otaka)
A violation of Article 2(1)(i) of the Unfair Competition Prevention Act was found for products whose customers were healthcare professionals.
Although many cases find that healthcare professionals will not be confused, confusion was found here because the products were consumables sold through online shops.
The first-instance judgment, Heisei 30 (Wa) No. 13381 (Judge Yamada), had rejected all three issues: qualification as an indication of goods or business, similarity, and confusion. The result was reversed on appeal.
1. Well-known indication of goods or business
The product had distinctive features differentiating it from others of the same kind and had been sold for 34 years.
2. Similarity
‘Differences in the colors of the lettering, graduations, etc. on the drainage and suction bottles are differences within the same blue color family. Viewed as a whole, they are merely differences in detail.’
3. Confusion
‘Both products are consumable medical devices with the same sales channels. If healthcare professionals encounter the defendant's product shape, which extremely closely resembles the plaintiff's, through product images in medical-equipment catalogs or online shops, they may mistakenly believe that the products originate from the same source.’
Original AMEBLO article (2025-04-28)
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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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