Nicholas Weston acts for Japan Karate Association in Fight over Trade Mark Rights with Japan Karate Association of Australia
Bah! No trade marks decisions of significance have been handed down by the Federal or High Court in weeks, so I am resorting to a Federal Court case my firm acted in earlier this year that resulted in a non-confidential settlement entirely in our client’s favour. The settlement was deliberately not confidential so as to send a loud signal to other member organisations in the federation of Japan Karate Associations throughout the world not to help themselves to intellectual property belonging to head office in Japan.
In Japan Karate Association v. Japan Karate Association of Australia (JKA) Pty Ltd (Federal Court No. VID 1039 of 2008) Nicholas Weston Lawyers & Trade Marks Attorneys, the law firm behind the Australian Trade Marks Law Blog, acted for the Applicant, the Japan Karate Association (“JKA”). JKA was established in Japan in 1958 to promote the martial art of karate (“the JKA business”) and since about 1963 had conducted that business throughout the world by:
- providing karate education, exams and training to pupils:
- training, ranking and accrediting karate instructors;
- sponsoring accredited instructors to travel overseas to teach and promote karate;
- arranging and conducting karate tournaments and exhibitions;
- producing and selling publications and videos/DVDs relating to karate;
- producing and selling clothing and equipment for use in karate.
(“the JKA goods and services”).
JKA had also used the name NIHON KARATE KYOKAI or its English translation JAPAN KARATE ASSOCIATION and the acronym JKA in relation to the JKA business and the JKA goods and services since around 1963 and since at least 1958, used a “Sun and Moon” device (illustrated below) created by and for JKA in 1958 in relation to the JKA business and the JKA goods and services:

JKA also claimed copyright in the “Sun and Moon” device. Collectively, “the JKA marks” comprised the name JAPAN KARATE ASSOCIATION, the acronym JKA and the “Sun and Moon” device.
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It is
The goods and services applied for are far-reaching, possibly over-reaching. Once registered, each mark will need to be used on the relevant goods or services covered by each application within 3 years (of the application date) or -- by the operation of
law.
author of several major works relating to intellectual property and competition law. He is the co-author of the third edition of
a book published in the intellectual property series of Cambridge University Press. He has also published two casebooks dealing with competition law and aspects of consumer protection. In addition to his doctorate on sui generis protection of databases, he has a diploma in Indonesian language and studies and he is the winner of three Australian Research Council large grants.