Saiko Saibansho Daiichi Sho Hotei
Japan Supreme Court First Petit Bench
Heisei 4 (O) no. 1443, 51 Saiko Saibansho Minji Hanreishu [Minshu] (1997)
- Written by Eric Miller, JD
Facts
In 1929, the character of Popeye—a tattooed sailor with a pipe and the ability to gain physical strength by eating spinach—made his debut in an American comic strip. Popeye comics continued to be published into the 1980s. Also in the 1980s, a Japanese company (defendant) began selling neckties whose design appeared to depict Popeye. King Features Syndicate Inc. (plaintiff), a New York-based publisher claiming ownership of the Popeye copyright, brought an infringement action against the Japanese company in the Japanese court system. The court held that the 50-year copyright on the first Popeye comic had expired but that copyright protection for the character began again with the publication of each new Popeye comic strip. The Japanese company appealed to the Japan Supreme Court.
Rule of Law
Issue
Holding and Reasoning (Fujii, Ono, Takahashi, Endo, Ijima, J.J.)
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