Jan 23, 2023
Patent Attorney Kazutaka Otsuka Co-Publishes
“Legal Practice of Trademarks: Analysis of Important Precedents and Promotion of Brand Strategy”
Our firm’s Patent Attorney and Director of Trademark Dep Kazutaka Otsuka is the Editor and Co-Author of a new book published by Chuokeizai-sha, Inc. on Jan 19,2023, entitled Legal Practice of Trademarks: Analysis of Important Precedents and Promotion of Brand Strategy.
The book explains the key points of interpretation and operation of trademark law and related laws from both academic and practical perspectives and provides an overview of 30 important precedents and their main points, serving as an excellent resource on corporate brand strategy.
For more information, please visit Chuokeizai-sha Online Store and Amazon.
Table of Contents
Chapter 1 Background and Structure
1 The Era of Primitive Trademarks “Kawaramanju” and “Watarimanju”
2 Significance of Case Law in the Era of Primitive Trademarks
3 Subsequent changes in the environment surrounding trademarks
4 The main period under consideration in this book (from 2013 to 2018)
5 Structure of Chapters 2 to 4 of this book
Chapter 2: Today’s Issues in Trademark Law
Section 1: Today’s Issues in Trademark Law – A Researcher’s Perspective
1 Introduction
2 Debate on the Purpose of the Trademark Law System – Confusion Theory and Search Cost Theory
3 Similarity of Trademarks
4 Interpretation Theory Based on the Difference in Purpose from the Patent System: Calculation of the Amount of Damages as an Example
Section 2: From the Practitioner’s Perspective
1 Cases related to the trademark function theory (essence and function of a trademark)
2 Similarity of trademarks
3 Defenses to infringement claims in trademark infringement suits
4 Claims for damages (presumptive rule under Article 38 of the Trademark Law)
5 Cases involving the manner of use of digital network environment
6 Cases involving the trademark trial route
Chapter 3: Practical Issues Related to Trademarks and Peripheral Law
Section 1 Trademarks and Unfair Competition
1 Similarity in Trademark Law and Unfair Competition Prevention Law
2 Prior Use under Trademark Law and Unfair Competition Prevention Law
3 Protection of Trade Names
Section 2 Designs and Trademarks
1 Superimposed Protection of the Same Subject
2 Conflict of trademark and design rights
3 Trademark Registration after Expiration of Duration of Design Right
Section 3 Trademarks and Copyrights
1 Trademarks that may be copyrighted
2 Conflict of trademark and copyright (Trademark Law Article 29 and related issues)
Section 4 Trademarks and Antitrust Law
1 Relationship between Trademark Law and Antitrust Law
2 Essence of Antitrust Law
3 Characteristics of Antitrust Law
4 Two cases involving trademarks or brands
Section 5 Individual Considerations
1-a Protection of Fashion: Protection by Trademarks and Designs
1-b Protection of Forms under the Unfair Competition Prevention Law, Protection as an Indication of Goods or Services
1-c Protection of fashion designs by copyright
2-a Protection of store appearance and spatial design: Protection by trademark
2-b Protection of store appearance and spatial design: protection by design
2-c Protection of store appearance/spatial design: Protection by Unfair Competition Prevention Law
2-d Protection of store appearance and spatial design: Protection by copyright law
Chapter 4: Commentaries on Trademark-related Decisions since 2013 – 30 selections