[Copyrighted works / trademark rights] Tokyo District Court, Reiwa 3 (Wa) 32244 <Presiding Judge Nakashima>
Updated: Oct 9
Article information
Article type: Case note
Categories: Copyright・Trademarks
Issues: —
First published on this website: October 5, 2026
Case information: [Copyrighted works / trademark rights] Tokyo District Court, Reiwa 3 (Wa) 32244 <Presiding Judge Nakashima>
Display and classification checked: October 5, 2026
[Copyrighted works / trademark rights] Tokyo District Court, Reiwa 3 (Wa) 32244 <Presiding Judge Nakashima>
The defendant (AI), a skateboarder and artist, sought registration of the transfer of trademark rights against plaintiff SI, with which the defendant had concluded a license agreement and conducted business (counterclaim).
① Copyright in each of the works belongs to the defendant.
Plaintiff SI argues that it acquired the copyright under the music agreement of 2000. However, under the interpretation of that agreement, musical works, etc. are subject to transfer (“shall be transferred”), whereas, for album cover art, etc., the agreement merely grants exclusive rights of use for promotional purposes (“shall have the exclusive rights”).
② The plaintiffs owe the defendant an obligation to return each of the trademark rights and an obligation to cooperate in their return.
Article 11 of the license agreement provides that marks such as “MARK GONZALES” may be registered to protect the rights, on condition that the trademark registrations be returned to the defendant upon the defendant's request.
The plaintiffs assert acquisitive prescription. However, because the use was premised on an obligation to return the rights and an “intention to act for oneself” cannot be found, acquisitive prescription is not established.
* Judgments from the United States and South Korea are cited as evidence. Because California law governs, the citation of a US judgment is understandable, but the citation of a South Korean judgment is interesting.
Original article:
Related articles
Update history
Dated entries are added when the text is corrected or supplemented, or when classification, related links, or presentation is updated.
October 5, 2026: First published from the LinkedIn original, with article information, classification, source, language link, and consultation guide.
Comments