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Clifford Chance

Clifford Chance
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Japan - Risk management and the trademark infringement liability of online shopping mall operators - Lessons learned from Chupa Chups vs Rakuten

6 March 2013

The Intellectual Property High Court has ruled that an online shopping mall operator could be held liable to pay damages if it fails to take swift action to delete items that infringe trademark rights from its website.  The decision reversed an earlier ruling by the Tokyo District Court rejecting the plaintiff’s claim for damages from Rakuten and holding the online store displaying the items responsible, not the operator.

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