Henningsen Lampshade

Trademark at issue	Cited Trademark (three-dimensional trademark)

 

[Key issue] “Well known” and “unfair purposes” of Article 4, paragraph (1), item (xix) of the Trademark Act.

Court judged that the three-dimensional form (Cited Trademark) of the Defendant’s Product was well-known and famous among consumers as an indicator of the Defendant’s Product, the filing by the plaintiff of the application for registration of the Trademark was based on the purpose of hindering the defendant’s business operation for the Defendant’s Product, and thus the trademark held by the plaintiff falls under Article 4, paragraph (1), item (xix) of the Trademark Act.