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Chiteki Zaisan Koto Saibansho Dai 4-bu

Hesei 17 (Ne) no. 10094 (2006)

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Chiteki Zaisan Koto Saibansho Dai 4-bu

Japan Intellectual Property High Court Fourth Division
Hesei 17 (Ne) no. 10094 (2006)

Facts

Kabushiki Kaisha Rafine (Rafine) sold products intended to combat sick-house syndrome—the phenomenon of people seeming to experience new illnesses after moving into new homes or apartments. Rafine’s website included photographs of its products, accompanied by statements from people suffering from sick house-syndrome. Plus-Marks Co., Ltd. (defendant) and TMP Plus Co., Ltd. (defendant) sold similar products online using product photos and statements that shared some similarities with those on Rafine’s site. Rafine assigned all its goodwill to Yugen Kaisha Toraiaru (Toraiaru) (plaintiff), which brought a copyright-infringement action against Plus-Marks and TMP on the basis of the similarities. The court dismissed Toraiaru’s claims. Toraiaru appealed to the Japan Intellectual Property High Court.

Rule of Law

Issue

Holding and Reasoning (Tsukahara, Tanaka, Shimizu, J.J.)

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Casebooks

Intellectual Property

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