With respect to the Case of Petition for an Order of Provisional Disposition whereby we filed a petition with the Tokyo District Court against K.K. Barcos (“Barcos”) for violation of the Unfair Competition Prevention Act (“UCPA”) relating to bags of Barcos’s brand Hanaa-fu, a court settlement has been reached between the Company and Barcos ending the dispute, and we hereby notify you as follows.
At a hearing for the Case, the Tokyo District Court ruled in favor of our assertions, finding that three products of Barcos (“the Accused Products”) resemble designs of BAO BAO ISSEY MIYAKE and thus the sale etc. of the Accused Products violates UCPA (Article 2, Paragraph 1, Item (i)). Subsequently, seeking a quick resolution of the Case, premised on the above court ruling, we and Barcos continued settlement discussions, leading to a court settlement whereby Barcos agreed to discontinue the manufacture, sale, import and export of the Accused Products and products with the same form etc., and the Case was resolved.
We regard the fact that the court in this Case, like in the litigation with K.K. Largu, generally found in favor of our assertions, is a significant outcome in that it confirmed the scope of the act of unfair competition of free riding a well-known design. 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.