BBS Kraftfahrzeugtechnik AG v. Kabushiki Kaisha Racimex

Case No. Heisei 7(wo)1988 (1997)

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BBS Kraftfahrzeugtechnik AG v. Kabushiki Kaisha Racimex

Japan Supreme Court
Case No. Heisei 7(wo)1988 (1997)

Facts

BBS Kraftfahrzeugtechnik AG (BBS) (plaintiff) owned a Japanese patent named “Wheel for Automobile.” Additionally, BBS owned a similar patent right in Germany. Jap-Auto Products (Jap-Auto) (defendant) was in the business of importing aluminum wheels for use in automobiles and imported them from Racimex (defendant). Racimex then sold these wheels until August 1992. The goods sold by Racimex were produced pursuant to BBS’s German patent and were sold to Racimex in Germany. BBS filed suit against Jap-Auto and Racimex in Japan. In response, Jap-Auto and Racimex argued that BBS had exhausted its remedies by selling the trademarked goods in Germany.

Rule of Law

Issue

Holding and Reasoning ()

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