[Trademarks] Reiwa 7 (Ne) 10072 <Presiding Judge Hasegawa>
更新日:5 時間前
Article information
Article type: Case note
Categories: Trademarks
Main topics: Licensing
First published on this website: October 1, 2026
Case reference (as stated in the original): Reiwa 7 (Ne) 10072
Display and classification checked: October 1, 2026 (not a revalidation of the legal analysis)
[Trademarks] Reiwa 7 (Ne) 10072 <Presiding Judge Hasegawa>
An implied licence to use the trademarks was found, based on circumstances including the appellant's failure to raise objections for approximately 18 years to the appellee's unauthorized use of the trademarks (including “SUPER JET BUBBLE”).
The appellant's representative and the appellee had cooperated in conducting related business for many years.
(Excerpts from the judgment — English translation)
When Japan Jetters, whose representative was the appellant's representative, transferred Truck 2 at issue to the appellee, Defendant's Mark 1 had already been affixed to that vehicle (Fact Found (b)). There is no evidence sufficient to establish facts such as that, at the time of that transfer, the appellant's representative instructed the appellee to change the display of Defendant's Mark 1. ...
According to the foregoing, the appellant's representative and the appellee had cooperated with each other in conducting the high-pressure cleaning business using the Jet Bubble method for approximately 18 years from 2004 until the issuance of the warning letter at issue dated December 15, 2022, and it is extremely difficult to conceive that the appellant's representative did not know that the appellee was using Defendant's Marks 1 and 2. The statement of the appellant's representative to the contrary cannot be accepted. ...
Furthermore, since the appellant had raised no objections whatsoever over the long period of approximately 18 years, it is appropriate to find that, from the outset when Truck 2 at issue was transferred, the appellant had implicitly permitted the appellee to use Defendant's Marks 1 and 2 free of charge in the high-pressure cleaning business using the Jet Bubble method.
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Updates and corrections
Substantive corrections and additions are recorded separately from classification, related links and display changes.
October 1, 2026: First publication of the author's original LinkedIn text on this website. Article type, categories, topic tags, sources and consultation navigation added.
2026-10-01 | Display maintenance: added case references stated in the original or language-alternate metadata; not a revalidation of legal analysis.