[Unfair Competition Prevention Act]
更新日：3 時間前
Article information
Categories: Unfair competition law
Topics: Indications of goods or business / Well-known and famous marks
Published on this website: 2026-09-29
[Unfair Competition Prevention Act]
Osaka District Court, Case No. 2024 (Wa) 12861
[Chidoriya] (Presiding Judge Matsuami)
*Status as an indication of goods or business denied.
The business lineage derives integrally from the business at issue, and the plaintiff makes commercial use of its continuity with that business.
⇒ From the time the plaintiff came to handle that business in the Kinki region until the present, consumers, including those in the Kinki region, recognize the indication as referring to the ancestral business of both the plaintiff and the defendant, or to the totality of businesses arising from it, including the defendant.
It is therefore difficult to recognize it as functioning exclusively as the plaintiff's indication of goods or business. ("Chidoriya" does not belong to the plaintiff alone.)
(The conclusion is not changed by arrangements among relatives.)
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