SAPPORO–The Sapporo confectionery company that makes the “Shiroi Koibito” brand of cookies is seeking a court injunction to stop entertainment giant Yoshimoto Kogyo Co. and two other firms from selling cookies that appear to be an imitation of the popular snack.
Ishiya Co.’s injunction aims to stop the three companies from selling cookies they call “Omoshiroi Koibito” (funny lover)–an apparent parody of Ishiya’s “Shiroi Koibito” (white lover) cookies–and using similar packaging. Shiroi Koibito cookies are a popular souvenir from Hokkaido.
According to the complaint filed by Ishiya, the company has produced and sold Shiroi Koibito cookies since 1976. It registered the product’s name in 1980, and the design of its packaging in 2004.
Ishiya claims the companies infringe its trademarks by having sold the Omoshiroi Koibito cookies at JR Shin-Osaka Station, Kansai Airport and other locations since July 2010. The product packaging gives Osaka-based Yoshimoto Kogyo’s subsidiary Yoshimoto Creative Agency Co. as the producer and Osaka-based Santa Planet as the distributor.
At a press conference in Sapporo on Monday, Ishiya President Shunpei Shimada said his company’s future was at stake.
“The survival of our company depends on whether or not we can protect our brand,” he said.
Shimada also said the company is considering seeking compensation for the damage it has suffered.
A Yoshimoto Creative Agency spokesperson said, “We’ll respond appropriately once we’ve read the complaint.”
The injunction request was filed Monday with the Sapporo District Court, under the Trademark Law and the Unfair Competition Prevention Law.
(Nov. 30, 2011)
The Yomiuri Shimbun
