milkkiss has filed suit against MINISTOP CO.,LTD. in the Tokyo District Court under the Unfair Competition Prevention Act, seeking an injunction and damages. The case seeks a court ruling on the boundary between reference and imitation, with priority placed on stopping imitation of product configuration rather than obtaining monetary damages.
milkkiss has filed suit against MINISTOP CO.,LTD. in the Tokyo District Court under the Unfair Competition Prevention Act, alleging that MINISTOP imitated the configuration of its soft-serve ice cream product. The action seeks injunctions against manufacturing, selling and displaying the product, as well as damages. milkkiss says the purpose of the lawsuit is to curb the spread of imitation by competitors and protect the originality and brand scarcity of pioneering businesses.
What milkkiss objects to in this case is not a monopoly over the product configuration itself, but the widespread expansion through a major company’s sales network of a combination of elements such as a transparent cup and a specific nozzle. It argues that this creates substantive reliance on the configuration of the pioneering product. It also points to the expansion of similar product lineups based on observations at event outlets and market trends at trade events.
milkkiss is seeking to protect not only the product configuration from imitation but also the value of scarcity and the brand experience. It has asked the court to rule on the boundary between “reference” and “imitation” and indicated its intention to create a deterrent against similar incidents recurring. The lawsuit includes injunctions and damages, but the company explains that financial compensation is not its primary objective.
The case is pending and awaiting the court’s decision. milkkiss says it does not intend to criticize any specific company by name, and aims to secure a healthy market environment in which small businesses can continue their creative efforts.