Nintendo v. MariCar: is street kart rental business free riding on the popular video game characters prohibited in Japan?
作者: Makoto Shimada
刊名: Interactive Entertainment Law Review, 2019, Vol.2 (1), pp.50-54
来源数据库: Edward Elgar Publishing
DOI: 10.4337/ielr.2019.01.05
关键词: Unfair competitionCopyrightTrademarkNintendoVideo gameMarioMaricar
原始语种摘要: You must not make a profit by using a well-known character belonging to someone else without licence. This is a commercial common sense, but a question is on what legal basis such an activity is banned? A character business may involve various intellectual properties, including copyright, trademark, design rights, etc., however, none of these IP rights is directly aimed at protecting characters. Besides, trademarks and design rights shall not take effect unless they are registered at the Patent Office, and characters are not always copyrightable. In several cases, Japanese courts suggest that the Unfair Competition Prevention Act of Japan takes a certain role to protect characters. This case review examines a recent judgment in the case, which deals with the application of this Act for...
全文获取路径: EE 

  • rental 租费
  • Japanese 日本人日语日本的
  • riding 骑马
  • competition 竞争
  • always 总是
  • business 交易
  • design 设计
  • banned 被禁止
  • involve 包含
  • Patent 帕滕特<派吞特>牌手表