Country: JP
Tribunal: Tokyo District Court
Date: 28/09/2006
Case No.:
Parties: Acqua Cross v Leben Hambai
Design:
Citation(s): IIC Vol 38 7/2007 877
Author: David Musker, R G C Jenkins & Co

An ear pick of particular construction won the "Good Design Award" the year of its launch and was advertised in national papers and private TV channels. In this case, there was neither a long, uninterrupted period of monopolistic use nor a short period of use accompanied by strong advertising efforts. A competitor making a similarly shaped product was sued under s2(1) of the Unfair Competition Prevention Act. The action failed, as only get-up which has become well known or famous can become an indication of origin suitable for protection.