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  • fuckedgaijin ‹ General ‹ Gaijin Ghetto

U.S./Japan Trademark Issues

Groovin' in the Gaijin Gulag
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U.S./Japan Trademark Issues

Postby matsuki » Mon Feb 28, 2011 12:30 pm

:p fun stuff ITT

Background:

One of the companies I import products for has a line of products made with a material with a U.S. trademarked name very similar to the name of a line of products sold by a company large enough to sue my pants off tentacle rape me for all to see. I'm still gathering info but from what it looks like so far, the company I represent owns the trademark in the U.S. (™ on everything) and it looks like BigbadkaisyaX didn't bother or couldn't register in the U.S.(no ™ on any of their products) Now in Japan, last June BigbadkaisyaX registered the trademark in Japan for their product line. Different spelling but same pronunciation (so same katakana spelling) Alot of the products we sell made from the material are similar enough to theirs (on paper anyway) to make me a little concerned. The products/material I sell requires that the the U.S. trademarked logo be on any product made with the material. To make matters worse, the manufacturer made a deal with one of BigbadkaisyaX's biggest competitors for 2012 and they plan on releasing products with the material (and thereby the U.S. trademarked logo will be on them)

From the little research I've done, it seems like I still will be able to register the material's name/trademark (as a material) but if I start selling products under that name (as I had planned), I should be prepared to be bent over and expect tentacles. Right now I think my best option is register the material's name/trademark but sell the products with a different brand name. I wanted to hear of any similar experiences any other FG may have had with trademark issues here.
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Postby wuchan » Mon Feb 28, 2011 2:52 pm

[quote="chokonen888"]:p fun stuff ITT

Background:

One of the companies I import products for has a line of products made with a material with a U.S. trademarked name very similar to the name of a line of products sold by a company large enough to sue my pants off tentacle rape me for all to see. I'm still gathering info but from what it looks like so far, the company I represent owns the trademark in the U.S. (™]

Tue to the fact that 80% of japanese people have very common family names (ie: Honda, Suzuki, Tojo) company and product names don't get very much trademark protection. There was a big case a few years back where a large j-corp sued a small business owner over the name of his company and lost. As long as they don't use the same logo everything is kosher. I don't think there is much your company can do but I'm not a lawyer.
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Postby matsuki » Tue Mar 01, 2011 12:49 pm

Yeah, ever check out http://www.nissan.com/ ?

I guess I'm more or less worried about their lawyers going on the attack with a baseless case as I have neither the money or time for it.

The logo is totally different and their name is a different spelling...I guess there is no way to predict how/if they will react.
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Postby wuchan » Tue Mar 01, 2011 2:18 pm

chokonen888 wrote:Yeah, ever check out http://www.nissan.com/ ?

I guess I'm more or less worried about their lawyers going on the attack with a baseless case as I have neither the money or time for it.

The logo is totally different and their name is a different spelling...I guess there is no way to predict how/if they will react.

The difference is nissan.com is being sued, over and over again, by Nissan Motor USA in the USA, not in Japan. The rules are different here.

Talk to a GOOD lawyer, the shitty ones are fucking useless.
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Postby matsuki » Tue Mar 01, 2011 5:04 pm

wuchan wrote:The difference is nissan.com is being sued, over and over again, by Nissan Motor USA in the USA, not in Japan. The rules are different here.


Yeah, that was more in reference to the common family name issue.

wuchan wrote:Talk to a GOOD lawyer, the shitty ones are fucking useless.


Doing this now.

Just found out the Euro distributor ran into the same issue and registered the material without issue whereas the bigbadkaisya registered the trademark with additional words in it and have never hassled the Euro distributor. Could be a good sign that it's not an issue. I just worry about the katakana being the same in Japan when it comes to the competing bigbadkaisya releasing their line of products containing the material here. Might not be my problem but we'll see...
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