Date of
Judgment: January
20, 2006
Issuing
Authority: Supreme Court
Level of
the Issuing Authority: Final Instance
Type of
Procedure: Judicial（Civil）
Subject
Matter: Other
Summary of
the judgment (decision):
1. The
term "business" provided in Article 2, para.1 items 1 and 2 of the
Unfair Competition Prevention Act does not include principally religious
activities carried out by a religious corporation or other business that are
aloes and inseparably related to such activities.
2. A religious corporation has the right to
protect its name from being misused by other religious corporations, and if the
right is illegally infringed, it may request the injunction of infringement
from the perpetrator.
3. Where, upon the abolition of the relationship
of control with a religious corporation X whose name is "Tenrikyo,"
another religions corporation Y has changed its name from "Tenrikyo
Toyofumi Bunkyokai" to "Tenrikyo Toyofumi Kyokai," given the
facts that Y has been using the name containing the term "Tenrikyo"
for many years, Y's doctrine is generally recognized as nothing but
"Tenrikyo" among the public, and Y does not seem to have any unfair
intention to take advantage of the popularity of X's name, Y's act of using the
name "Tenrikyo Toyofumi Kyokai" cannot be deemed to be infringing X's
right to protect its name from misuse.