A trademark dispute has arisen between the Japanese company and a local importer related to koi fish rearing over the use of the mark “HI-SILK21 KENKOKANRI” in class 31 for the goods fish food. The Japanese company as a Plaintiff, has filed a petition seeking several remedies, including the grant of their entire claim, a […]
A trademark dispute has arisen between the Japanese company and a local importer related to koi fish rearing over the use of the mark “HI-SILK21 KENKOKANRI” in class 31 for the goods fish food.
The Japanese company as a Plaintiff, has filed a petition seeking several remedies, including the grant of their entire claim, a declaration of their first registration and rightful ownership of the mark and its variants worldwide, and the recognition of the mark as a well-known mark. The Plaintiff alleges that the mark owned by the Defendant is having similarity in its essential part and/or in whole to their well-known mark and its variants.
They further claim that the registration of the mark by the Defendant was filed in bad faith.
As a result, the Plaintiff requested the Court to declare that the registration of the mark null and void, with all its legal consequences. Additionally, the Plaintiff has requested the Defendant to comply with and implement this decision, and to cancel the registration of the mark “HI-SILK21 KENKOKANRI” in class 31 on behalf of Defendant from the General Register of Marks, with all its legal consequences.
This dispute highlights the importance of protecting trademarks, particularly when they are well-known and have been registered in good faith. The outcome of this case could have significant implications for the parties involved and the fish food industry as a whole.
The Japanese Company, Kawaguchi Shoten Co., Ltd., was established on January 4, 1979. The company has been buying and selling of raw materials related to silk, such as raw silk, cocoons, secondary silk, silk spinning raw materials, etc.
They are also selling of pupa and other fish feed and fishing bait materials.
In 1996, the company started manufacturing and selling high quality Nishikigoi feed “HI-SILK KENKOKANRI”. Expanding markets in Japan, America, Europe, and Southeast Asia.
Mr. Kawaguchi of Kawaguchi Shoten Co., Ltd and Mr. Mamoru Kodama, author of Kokugyo books and founder of Kodama Koi Farm developed Hi Silk 21. Mr. Kawaguchi, a leading supplier of silk and silkworm, provided quality fresh silkworm pupae. Mr. Kodama, a koi expert, designed the food with the silkworm pupae creating amazing Koi growth results.
Hi-Silk 21 is the high-quality protein food. It is developed to help your Koi fish grow faster, with such a brilliant and beautiful white color as natural silk. It is being fed to many champion Koi to produce beautiful sheen in the colors, especially in the white of Nishikigoi.
Currently, this case is still in the early court examination stages at the District Court of Central Jakarta under case number 119/Pdt.Sus-HKI/Merek/2023/PN Niaga Jkt.Pst.
(source: http://sipp.pn-jakartapusat.go.id;
https://kawaguchi-shoten.com/)
