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2003.12.29

「阪神優勝」は無効

Mt.EGE: 阪神優勝

 朝日新聞によると「阪神優勝」商標登録は無効、特許庁が球団主張認める判断を下した。

 はっきり言って、この問題はIEの特許侵害問題と同じで、このような言葉を登録商標するのは、どうかんがえても金をせびろうとする目的以外考えられない。特許庁の下した判断は正しいのではないかと思われる。
「阪神優勝」を商標登録した田沢さんは30年来の阪神ファンで、いつか必ず阪神が優勝すると信じて出願し、“正当な権利”を行使してTシャツなどを作成、販売していました。ところが、いざ優勝が現実味を帯びると球団は商標の譲渡を求め、合意しなければ無効審判や損害賠償を求めるというのです。田沢さんの要望は引き続き商標の使用を認めてほしいというだけで、球団が商標を使用することも認めていましたし、ましてや金額の問題ですらありませんでした。

今回の特許庁の判断が間違っているとは思いませんが、「金をせびろうとする目的以外考えられない」というのはどうかなと思います。

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