[Article / Unfair Competition Prevention Act, Article 2(1)(i)] Protection of product packaging consisting of weakly distinctive elements — Suntory Black Oolong Tea case (Yukari Hira, Intellectual P...
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Article type: Publication review
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
[Article / Unfair Competition Prevention Act, Article 2(1)(i)] Protection of product packaging consisting of weakly distinctive elements — Suntory Black Oolong Tea case (Yukari Hira, Intellectual Property Law and Policy Journal, Vol. 35 (2011))
Even if weakly distinctive portions are similar to some extent, there is no similarity unless strongly distinctive portions are shared.
→ Nevertheless, even for commonplace, weakly distinctive indications, similarity exists if even the portions that must inevitably be adopted coincide.
(For example, Product A in the Suntory Black Oolong Tea case and the Royal Milk Tea case.)
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