top of page

[Unfair Competition / Indication of goods or business] Tokyo District Court, Reiwa 5 (Wa) No. 70036 — Catheter connector (Judge Kokubu)

Oct 9
2 min read

Updated: Oct 9


Article information

Article type: Case note

Category: Unfair competition law

Topics: Injunctions

First published on this site: 2026-10-10

Display/classification checked: 2026-10-10


[Unfair Competition / Indication of goods or business] Tokyo District Court, Reiwa 5 (Wa) No. 70036 — Catheter connector (Judge Kokubu)

The court recognized dimensions compared with similar products as an “indication of goods or business.”

→ Injunction granted!

*It is unusual for a likelihood of confusion to be found where the consumers are medical professionals.

(Excerpts from the judgment, translated; portions omitted)

1. Distinctive features

[...] The plaintiff’s Y-connector was the only two-valve Y-connector having an overall length of approximately 88 mm and approximate proportions of 4:1:2:1 for the overall length, thumbwheel, main branch and rotator. It cannot be regarded as commonplace.

Accordingly, in Feature (e), the plaintiff’s Y-connector has an objectively conspicuous feature distinguishing it from other goods of the same kind. [...]

Feature (e) [...] involved multiple alternatives and did not arise from an unavoidable configuration for which there was no choice of another form to achieve the product’s technical function and utility.

2. Well-known status

[...] Since 2008, the plaintiff’s Y-connectors had achieved shares exceeding 50% in both sales volume and sales value in the PTCA market where Y-connectors are used. In 2022, those shares reached 70% by volume and approximately 80% by value. [...]

Because the plaintiff had exclusively used the form of its Y-connector for a long period, by around 2008 it had become widely recognized among its consumers, principally physicians and other medical professionals, as indicating the plaintiff as its source; it had acquired well-known status.

3. Similarity

The plaintiff’s and defendant’s Y-connectors share their overall length (87.99 mm for the plaintiff’s and 87.80 mm for the defendant’s), a cylindrical screw, an overall construction of transparent material, and an opener colored in a warm color. [...] Their overall dimensional proportions are also very similar. Particularly because their dimensions and colors are similar, their appearance gives consumers, principally physicians and other medical professionals, the impression that the two indications are similar overall.

Original article (2025-08-14):




Update history

This history records actual publication, display, and classification changes made on this site.

2026-10-10: First published the LinkedIn original on this site and set the classification, article information, and consultation link.

2026-10-10: Updated topic tags and related-article links. The original article text was not changed.

Comments


Featured Posts

Recent Posts

Archive
Search by Tags
Follow Us
  • Facebook Basic Square
  • Twitter Basic Square
  • Google+ Basic Square
bottom of page