Infringement of Third-Party Intellectual Property Rights and Inability to Secure the Company's Own Rights
First written in FY2016. 3 of 8 entries say "Materialised", first in FY2017-Q3. Latest entry: FY2022.
Yrglm moved to the "Worse" side of this theme in 2017.
The whole theme swung hardest in 2017: 1 of 8 companies on the "Worse" side.
18 other companies' latest entry also says "Restated".
- FY2022RestatedAnnual report
「However, if the Group infringes the intellectual property rights of a third party, the third party may bring an action against the Group seeking damages, an injunction against use, or other relief, and the Group may incur related payments.」
While the disclosure relating to the past trademark litigation has been removed, general risks relating to infringement of third-party intellectual property rights and the inability to secure rights to the Company's own intellectual property remain disclosed. - FY2019-Q2DroppedAnnual report
「As a result, the section titled "(4) Risks Relating to Legal Regulations and Intellectual Property, etc. ④ Litigation" under business and other risks in the annual securities report for the previous fiscal year has been removed.」
With respect to the claim for damages relating to the use of the mark, a settlement was reached on 15 March 2019 under which the Company paid ¥60 million as a settlement amount, and the disclosure of the risk relating to the litigation was removed. This was a change relating to that specific litigation, not to the general risks concerning third-party intellectual property rights as a whole. - FY2019-Q1WorsenedAnnual report
「In addition, on 5 November 2018, ビジネスラリアート株式会社 filed a motion in the damages action to change the amount claimed to ¥400.252 million. The Company is appropriately presenting its arguments in court, but if a judgment is issued rejecting the Company's arguments, damages may arise and materially affect the Group's business and performance.」
The amount claimed for damages relating to the use of the mark changed from ¥333.180 million to ¥400.252 million, and the disclosure changed to state that an adverse judgment could materially affect the business and performance. - FY2018-Q2MaterialisedAnnual report
「On 19 February 2018, the Company was sued by ビジネスラリアート株式会社 in the Osaka District Court for damages relating to the Company's past use of a mark, with a claim amount of ¥333.180 million. The case is currently pending. The Company intends to present its arguments appropriately in court, but at this time it is difficult to predict the impact of the lawsuit on the Company's performance.」
A new action was brought seeking damages for the use of a third party's mark, with a claim amount of ¥333.180 million, and the disclosure states that it is difficult to predict the impact on performance. - FY2018-Q1WorsenedAnnual report
「Damages relating to the lawsuit were outside the scope of this action, and at this stage it is difficult to predict the impact on the Company's performance.」
Following the appellate judgment in the trademark infringement lawsuit, the disclosure changed from stating that the impact on the Company's business would be limited to stating that the impact on the Company's performance would be difficult to predict. - FY2017MaterialisedAnnual report
「With respect to the appellate proceedings, a judgment dated 30 November 2017 was issued allowing modification of the original judgment based on the Company's appeal and the addition of claims by the original plaintiff in the appellate proceedings.」
An appellate judgment was issued in the trademark infringement lawsuit, marking further progress beyond the original trial judgment and the appeal stage. - FY2017-Q3MaterialisedAnnual report
「With respect to the lawsuit brought against the Company by ビジネスラリアート株式会社 on 27 June 2016 concerning trademark infringement, a judgment was issued on 11 May 2017. As the Company was dissatisfied with the judgment, it appealed to the Osaka High Court on 12 July 2017. Damages were not included in the scope of this lawsuit, and the Company believes that, regardless of how the dispute develops, its impact on the Company's business will be limited.」
A judgment was issued in the third-party trademark infringement lawsuit, and the Company appealed to the Osaka High Court. The Company stated that the impact on its business would be limited. - FY2016First statedAnnual report
「However, if the Group infringes the intellectual property rights of a third party, the third party may bring an action against the Group seeking damages, an injunction against use, or other relief,」
Describing mitigation measures involving internal reviews and coordination with attorneys and patent attorneys, while identifying third-party rights infringement and infringement of, or inability to secure, the Company's own rights as risks.