SHIFFON Tokyo District Court ruling regarding the use of Mark Gonzales’ name and artwork

【SHIFFON】 Tokyo District Court Ruling Regarding the Use of Mark Gonzales’ Name and Artwork ​ Image
URL: SHIFFON Press release: July 30, 2025 Regarding the Tokyo District Court’s ruling regarding the use of Mark Gonzales’ name and artwork In a lawsuit filed by our company against Sakura International Co., Ltd. (headquarters: Kashiwa City, Chiba Prefecture; hereinafter “Sakura International”) and others regarding the trademark rights of Mark Gonzales’ name and his signature “Angel” illustration (Tokyo District Court Case No. 70127 of 2023 (Wa) for Declaration of Non-Existence of Debt, etc.), a judgment (hereinafter “Judgment”) was rendered in full favor of our company on July 25, 2025. The following were the key issues in this lawsuit: 1. If our company uses trademarks such as “Angel” or “Mark Gonzales” (the “Mark” *1), can Sakura International exercise its trademark rights over its registered trademarks (the “Trademark” *2) against us? 2. Does Sakura International own the copyright to the “Angel” illustration (the “Artwork” *3)? Our claims were fully accepted in this judgment, and – Sakura International has acquired Mark Gonzales’ brand management company, TULUMIZE Inc., any enforcement of the trademark rights of this trademark against our company, which has received a license from Sakura International, constitutes an abuse of rights and is therefore not permitted. – Similarly, any enforcement of trademark rights against any party that has received a license from our company to use this mark is also not permitted. – Sakura International does not own the copyright to this artwork, and therefore cannot enforce the copyright in this artwork. The judgment states: *This judgment will be published on the court’s website below in the near future. Please check for details after the judgment is published. [URL]
https://www.courts.go.jp/app/hanrei_jp/search7 Regarding this trademark, a judgment in the lawsuit between Mark Gonzales and Sakura International, which preceded this judgment, made clear that Sakura International was obligated to return it to Mark Gonzales (Tokyo District Court Judgment on the main case for damages, etc., No. 32244 of 2021 (Wa) and the counterclaim for trademark transfer registration, No. 70389 of 2024 (Wa). The appeal is currently pending, and the judgment is scheduled to be handed down on September 29, 2025). Until the trademark is returned, Sakura International will technically be the trademark owner. However, this ruling indicates that even if the company holds the trademark rights, it cannot seek damages or an injunction against our company or our business partners. This is extremely significant in that it clarifies that Sakura International cannot use the trademark rights of this trademark or the copyright of the artwork to hinder the development of our “Mark Gonzales” brand. Sakura International also claimed in this lawsuit that it owned the copyright to the Angel. However, this judgment, like the previous judgment, clearly denies this claim. Furthermore, the judgment also ruled that Sakura International’s sending of a warning letter to our business partner, stating that we did not have the authority to grant permission to use the artwork and trademark, constituted “false representation,” and that Sakura International is obligated to compensate us for the damages caused by this. We will continue to work with Mark Gonzales and TULUMIZE Inc. to strengthen and accelerate brand management and urge Sakura International and others to respond responsibly. (Please note that this ruling has not yet been finalized. We will provide updates on this case as they occur.) If you have any inquiries regarding this matter, please contact us at the “Contact Information for this Matter.” *1 This mark
https://prcdn.freetls.fastly.net/release_image/34756/78/34756-78-86e78d6edd02fb822192dd08af8cbd93-826×141.jpg *2 This trademark
https://prcdn.freetls.fastly.net/release_image/34756/78/34756-78-5df280dd16cdaecaec6702ddd11f7d53-526×182.jpg In addition, the following three registered trademarks held by Sakura International Co., Ltd. have been declared invalid as a result of the Intellectual Property High Court’s August 8, 2024 ruling that found them invalid and this ruling was finalized on June 6, 2025. Image
URL: https://prcdn.freetls.fastly.net/release_image/34756/78/34756-78-6f6ea2beaf474a7a29651ebe5b5a70a5-777×199.jpg *3 Book artwork
https://prcdn.freetls.fastly.net/release_image/34756/78/34756-78-990b033b6a058a7a95c0244826974d68-184×149.jpg 《Related notice》 https://shiffon.com/2022/06/08/2005/
https://shiffon.com/2024/08/23/3129/
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