2019∙06∙18 | Corporate
Favorable Ruling Concerning BAO BAO ISSEY MIYAKE
Today we received a favorable ruling on the lawsuit we filed against Largu Co., Ltd. (“Defendant”) in the Tokyo District Court for reason of Unfair Competition Prevention Act (“UCPA”) violations among others in regard to the “Avancer” bags and pouches (“Accused Products”), which resemble BAO BAO ISSEY MIYAKE bags and pouches.
The ruling broadly granted our assertions and found that designs comprising the three below-described common features of BAO BAO ISSEY MIYAKE bags and pouches (“Designs”) had been well known as “Indication of Goods or Business” (Article 2, Paragraph 1(1) of UCPA) representing BAO BAO ISSEY MIYAKE products, thereupon ruling that the Accused Products, which use designs similar to the Designs, confuse and mislead consumers to believe said Accused Products are BAO BAO ISSEY MIYAKE products, and that for this reason, the sale, import etc. of said Accused Products constitutes an act of unfair competition.
(i) In accordance with the shape of the inserted items, the seams of pieces (i.e., component parts of the bag) bend, thereby creating various angles and geometrically and three-dimensionally deforming the exterior of the bag to match said items;
(ii) A plain mesh fabric or soft fabric slab is used for the bag material in order to support the exterior of (i) above; and
(iii) On top of said bag material, a large number of triangular pieces having a somewhat rigid texture giving the impression of a tile are arranged in a tile pattern over substantially all of said bag material, with identical gaps of roughly 2-3 mm between said pieces.
The ruling further ordered that the Defendant cease and abandon the sale, import etc. of the Accused Products and pay damages among others.
We regard this ruling as a significant outcome, both for having broadly reflected our assertions and for confirming the scope of UCPA which prohibits free-riding on well-known designs. Going forward, we will continue to treasure Issey Miyake’s distinctive designs, and will keep creating innovative products that give our customers new surprises.
For details, please see the press release from the link below.