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