[Trademarks] Osaka District Court, Reiwa 6 (Wa) 5007, “Awa koi ichigo” <Presiding Judge Matsukawa>
Updated: Oct 9
Article information
Article type: Case note
Category: Trademarks
Topics: Similarity of trademarks, Distinctiveness, Confusion, Abuse of rights, Patent corrections
First published on this website: October 2, 2026
Case number (as stated in the source): Osaka District Court, Reiwa 6 (Wa) 5007
Display/classification checked: 2026-10-10
[Trademarks] Osaka District Court, Reiwa 6 (Wa) 5007, “Awa koi ichigo” <Presiding Judge Matsukawa>
Trademark at issue: “恋 苺” (Koi ichigo)
Defendant's mark: “あわ恋いちご” (Awa koi ichigo)
① Similarity of composite marks: Separate observation and identification of the essential portion
“Awa” has several meanings, including foam, millet, and the place names Awa (安房 / 阿波). However, the defendant's packaging prominently displays “Produced in Tokushima Prefecture” and illustrations of the Awa dance.
In light of these trade circumstances, consumers perceive “awa” as the regional name Awa (阿波), indicating origin, so that portion lacks distinctiveness.
⇒ The “koi ichigo” portion may be extracted and compared with the trademark “恋苺.”
② Similarity
The extracted “恋いちご” and “恋苺” differ visually but have the identical pronunciation “koi ichigo.” Both combine “love” and “strawberry,” creating the same concept of a strawberry that strongly attracts one like romantic love.
The defendant argued that “awa koi” means “faint love” and is indivisible, but this was rejected on the facts.
⇒ Similar, with a likelihood of confusion.
③ Defense of use of a registered trademark
Using a mark in a manner similar to a prior registered trademark and causing consumer confusion constitutes an abuse of rights under the purpose and intent of the Trademark Act. Even use of a registered trademark does not establish a defense.
Cf. Reversed on appeal by the Osaka High Court on February 13, 2026 (Reiwa 7 (Ne) 1750).
Original article: https://lnkd.in/eaMDaA23
Related articles
Update and correction history
Substantive corrections and supplements are recorded separately from classification, related-article, and display maintenance.
October 2, 2026: First publication of the author's LinkedIn text. Article type, classification, issue tags, source, and consultation guide were added.
Consultation and inquiries
October 2, 2026: Updated topic tags.
2026-10-10: Updated related-article links. The original article text was not changed.
Comments