From our private database of 26,900+ case briefs...
Otokoyama Co. v. Wine of Japan Import, Inc.
United States Court of Appeals for the Second Circuit
175 F.3d 266, 50 U.S.P.Q.2d 1626 (1999)
Otokoyama Co. (Otokoyama) (plaintiff) and Wine of Japan Import (Wine of Japan) (defendant) were both importers of Japanese sake. Otokoyama registered four trademarks for the term “otokoyama,” as well as the Japanese translations of the word, and began importing its sake into the United States in 1984. Otokoyama was unable to register the same terms for trademark protection in Japan, because the words were so commonly used there in relation to other brands of sake. In 1997, Wine of Japan began to import a product called “Mutsu Otokoyama.” Otokoyama then sued Wine of Japan for infringing its trademark and sought a preliminary injunction to prevent Wine of Japan’s importation of that sake. Wine of Japan counterclaimed and sought to cancel Otokoyama’s trademarks. Wine of Japan claimed that “otokoyama” was a generic term for that type of sake and that Otokoyama had misrepresented the Japanese translation when obtaining its trademarks. The district court granted Otokoyama’s preliminary injunction without considering the meaning of “otokoyama” outside of the United States or Otokoyama’s inability to register the term in Japan. Wine of Japan then appealed.
Rule of Law
Holding and Reasoning (Leval, J.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 541,000 law students since 2011. Some law schools—such as Yale, Berkeley, and Northwestern—even subscribe directly to Quimbee for all their law students.Unlock this case briefRead our student testimonials
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.Learn about our approachRead more about Quimbee
Here's why 541,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 26,900 briefs, keyed to 983 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.