Summary of the case
Sumitomo Bakelite has manufactured and sold each device comprising a portable and disposable device for continuous low pressure suction or a set of these devices (collectively SB Bag) with the product name "SB Bag" since 1984. Those consisting of a drainage bottle and a suction bottle in SB Bag are the relevant products belonging to Sumitomo Bakelite in this case. Nippon Covidien has manufactured and sold its product since January 2018.
Sumitomo Bakelite brought a case against Nippon Covidien stating that the manufacture and sale of Nippon Covidien's product, having a configuration similar to that of Sumitomo Bakelite's product, which is well-known among consumers as Sumitomo Bakelite's indication of goods or business, is an act that creates confusion with Sumitomo Bakelite's product. It claimed that it falls under an act of unfair competition as stipulated in Article 2(1)(i) of the Unfair Competition Prevention Act (act) and demanded an injunction against the manufacture of Nippon Covidien's product.