Date of
Judgment: October 13, 1981
Issuing
Authority: Supreme
Court
Level of
the Issuing Authority: Final Instance
Type of
Procedure: Judicial
(Civil)
Subject
Matter: Trademarks
Summary
of the judgment (decision):
1. In the case where
confusion with the goods of another person, as stipulated in Article 1,
paragraph (1), item (i) of the Unfair Competition
Prevention Act, is acknowledged as a fact, it should be said, unless there are
special circumstances, that said another person constitutes a person whose
business interests are likely to be harmed.
2. The act by a holder of a
trademark right of using a mark which is similar to a
registered trademark does not fall under the "act which is acknowledged as
exercising of a right pursuant to the Trademark Act" as stipulated in
Article 6 of the Unfair Competition Prevention Act.
(This
translation is provisional and subject to revision.)