How to respond to
a “Notification of Provisional Refusal”
issued by the JPO under the Madrid System
The Tokyo District Court judged a trademark infringement injunction request on May 21, 2014.
Plaintiff: Hermes Antel National
Defendant: DHS corp Co. Ltd.
Main text (Excerpt only the main ones)
1. The defendant must not import, transfer, delivery or display for transfer or delivery the exhibit defendant inventory of merchandise 1 to 4.
2. The defendant must pay \2,358,400 to the plaintiff,
Trademark: Three-dimensional trademark (as the above)
Designated goods: Handbag
Registered Date: September 9, 2011
This is a handbag so-called "Birkin".
The defendant had imported "GINGERBAG" from Korean company, "SUWA UNITED INC.", since 2011.The defendant had sold them in the web site, "Rakuten", on the Internet.
The Tokyo District Court has judged that "GINGERBAG" is similar to "Birkin".
