[Article/Trademark] The Possibility of Trademark Parody under Japanese Law: The SHI-SA Case (Takuto Hirasawa, 2009)
Updated: 6 hours ago
Article information
Article type: Publication review
Category: Trademarks, Unfair competition law
Topics: Confusion
First published on this website: 2026-11-01
Display and classification checked: November 2, 2026
Originally published on Ameblo: 2025-05-04 (Japan time). Full English translation.
[Article/Trademark] The Possibility of Trademark Parody under Japanese Law: The SHI-SA Case (Takuto Hirasawa, Intellectual Property Law and Policy Journal, Vol. 25 (2009))
Same animal species with a different pose: similar
— Dissimilar when stylized into a character giving a different impression
⇒ Dissimilarity may be found if the pronunciations differ.
*In the SHI-SA case: dissimilar
For parody marks too, it is sufficient to apply the ordinary interpretation of the Trademark Act and Unfair Competition Prevention Act, while taking care not to unduly expand the interpretations of confusion in a broad sense, dilution and tarnishment.
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