Japanese Trademark Cases in Linguistic and Economic Contexts

Abstract

This paper revisits two Japanese trademark disputes, one from the 1980s and the other from the 1990s, using linguistic analysis to comment on and supplement the more legalistic deliberations that decided them. In a claim by White Horse Distillers against Toa Distiller’s use of a golden horse label and logo, the courts considered the perspective of the ordinary consumer in ruling that no confusion between the two products was likely. However, in settling Chanel Group’s claim against a small bar the courts prioritised commercial interests over sociolinguistic perceptions in ruling against the bar’s use of the Chanel name and one somewhat similar to it.