K.K. Tsuburaya Productions v. Chaiyo Film Co., Ltd.
Japan Supreme Court
55 Minshū (No. 4) 727 (2001)
- Written by David Bloom, JD
Facts
K.K. Tsuburaya Productions (Tsuburaya) (plaintiff), a Japanese company, had a copyright over a film. Tsuburaya allegedly entered into a contract with Chaiyo Film Company (Chaiyo) (defendant), a Thai company, giving Chaiyo exclusive foreign rights to the film. Tsuburaya also licensed the film to another company, Bandai, in Japan and Southeast Asia. Chaiyo warned Bandai that Bandai’s use of the film infringed on Chaiyo’s exclusive foreign rights to the film. Tsuburaya filed suit against Chaiyo, claiming that the contract was a forgery. Tsuburaya also sought an injunction against Chaiyo and damages for Chaiyo’s tortious conduct. The Japanese district court dismissed the action on the grounds of lack of jurisdiction, and the intermediate appellate court affirmed the dismissal. Tsuburaya appealed.
Rule of Law
Issue
Holding and Reasoning ()
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