Financial Times/Parody takes a serious turn for big-name brands


世界的権威ある英字新聞『Financial Times』が、マークス英語ブログ「JAPAN TRADEMARK REVIEW」で紹介した商標異議申立事件「GUCCI vs CUGGL」を取り上げ、マークス代表・三上弁理士が取材を受けた記事が掲載されました。記事全文は、こちら

A decision by the Japan Patent Office appears to credit the consumer with more discernment than trademark owners do

While IP lawyers say they cannot remember a time when Japanese companies (such as Suntory, Nissan and Honda whose brands are often parodied) have bothered to take cases to court, foreign giants are generally less permissive. It is easy to imagine Gucci filing a trademark infringement claim against Kurokawa over the shirts with the pink stripe, despite having lost round one.

Masaki Mikami, an IP lawyer, said Gucci’s frustration with what it sees as the unpredictability of the JPO may feel superficially reasonable. Kurokawa, after all, had an application blocked by the JPO only a few months ago when Lacoste stepped in to prevent him registering the mark OCOSITE, which featured an inverted crocodile.