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In a game changing breakthrough, the Intellectual Property High Court of Japan (IPHCJ) smithfield preowned decision Perfetti Van Melle S.p.A v Rakuten K.K., was a wake-up call to online marketplace operators who could be exposed to trade mark infringement damages or injunction liability smithfield preowned if they do not act within a reasonable time period to remove infringing listings from their websites after receipt of the brand owners notice or have reasonable grounds to believe that infringements have occurred.
Trade mark counterfeiting statistics from the Japanese customs, police and intellectual property authorities provide a nuanced context to the online trade mark infringement battle between two billion dollar litigants. The clash is emblematic of the collision of two developing Japanese trends, its healthily growing e-commerce smithfield preowned marketplace and the increasing online counterfeiting threat from abroad.
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