Chiteki Zaisan Koto Saibansho [Intellectual Property High Court] November 16, 2010
Japan Intellectual Property High Court
Heisei 22 (Gyo-ke) no. 10169 (2010)
- Written by Eric Miller, JD
Facts
Beginning in the 1930s, Yakult Honsha Company, Ltd. (Yakult) (plaintiff) sold a milk beverage made from lactic-acid bacteria. In 1968, Yakult switched from a glass bottle to a plastic container whose unique cylindrical design became popularly associated with the drink among the Japanese public. In 2008, Yakult sought to register the three-dimensional shape of the container as a trademark. The Japanese patent office (JPO) examiner rejected Yakult’s application and subsequent request for a trial. Yakult brought suit against the JPO in the Japan Intellectual Property High Court. Evidence included surveys in which more than 98 percent of respondents linked the shape of the container to the Yakult brand as well reports showing that Yakult held the bulk of the market share for lactic-acid-bacteria drinks in Japan.
Rule of Law
Issue
Holding and Reasoning (Nakano, Shoji, Toshichika, J.J.)
What to do next…
Here's why 832,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 46,400 briefs, keyed to 994 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.
