Protected by Unfair Competition Prevention Law even after design rights expire
Strengthening brand protection in China
Casio Computer Co., Ltd. (Headquarters: Shibuya-ku, Tokyo, hereinafter referred to as Casio) has filed an unfair competition lawsuit against Guangzhou Tokuan Table Industry Co., Ltd. and Shenzhen Tokuan Watch Co., Ltd. (hereinafter referred to as the "Defendants"). We received an appellate judgment from the provincial supreme court and won the case. Both defendants have been ordered to pay 3 million yuan (approximately 65 million yen*) in damages.
*Converted at 1 yuan = 21 yen
background
This case stems from the fact that both defendants were selling products that imitated the design of Casio's popular model "GA-110" series of shock-resistant watches "G-SHOCK." "GA-110" is a popular series that was released in China in 2010 and recorded No. 1 sales in China in the five years from 2016 to 2020.
court judgment
The Guangdong Provincial Supreme Court acknowledged that the design of ``GA-110'' falls under the category of ``decoration of products with a certain degree of influence,'' and determined that the use of similar designs by both defendants amounted to acts of unfair competition that confused consumers. did.
What is noteworthy is that this judgment is the first for Casio to grant protection under the Unfair Competition Prevention Act for a product design whose design right protection period has expired.
Key points for winning the lawsuit
Casio submitted evidence such as its extensive sales record for the GA-110 in China and large-scale advertising activities. This proves that the GA-110's distinctive design is clearly distinguishable from ordinary watches on the market, and is widely recognized by Chinese consumers. In addition to these sales records, the court took into consideration the malicious nature of the defendant's infringing acts, and awarded a high compensation of 3 million yuan.
About G-SHOCK
G-SHOCK is a shock-resistant watch that was born in 1983 from the developer's desire to create a durable watch that wouldn't break even if dropped. It is loved all over the world for its unique impact resistance and design, and has now grown into a global brand with a total of 150 million units shipped to over 140 countries around the world.
Casio's initiatives and future prospects
Casio contributes to society by providing innovative products and services with the goal of ``bringing each person joy beyond today through the power of bringing surprise closer to them.'' In order to prevent customers from accidentally purchasing counterfeit or similar products, we will continue to strictly deal with the unauthorized use and infringement of our patents, designs, trademarks, and other intellectual property rights, and protect our brand value. We will strive to maintain and improve it.
■Press release source - Casio Computer Co., Ltd.
https://companydata.tsujigawa.com/company/4011001030015/
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