Japan city hit with higher damages order for harming 'Chiitan' mascot's work
The Intellectual Property High Court in Japan ordered the Susaki Municipal Government in Kochi Prefecture to pay higher damages over its interference with the business of the mascot Chiitan. The Oct. 7 ruling upheld a Tokyo District Court decision that found the city responsible for damages to the company in Kure, Hiroshima Prefecture, that owns Chiitan. However, the damages were increased from 7.86 million yen to 18.87 million yen.
Susaki’s official mascot, Shinjo-kun, is modeled on a Japanese river otter and has been used for promotional activities since around 2002. It won the “Yuru-Chara Grand Prix” mascot competition in 2016. Chiitan was created after a small-clawed otter owned by the company appeared with Shinjo-kun on a television program in 2017.
Chiitan later became known for videos showing the character doing extreme activities, including swinging a brush cutter. After the videos were posted on social media, the city claimed at news conferences and elsewhere that Chiitan infringed its copyright. The company argued that the city’s actions interfered with its business and sought about 43 million yen in damages. The city also filed a separate lawsuit seeking to stop the use of Chiitan.
The appeals court found that the city had “implicitly authorized the character’s use,” partly because messages sent by the city to the company appeared to support Chiitan’s use. The court included cancellation fees for commercials and lost profits from collaborative merchandise when calculating damages. It found no copyright infringement and dismissed the city’s appeal.
The Susaki Municipal Government said it would carefully examine the ruling before deciding how to respond. The case highlights a legal dispute over the use of characters, copyright claims, and the financial effects of actions taken by a local government.
Edited using generative AI tools.
Source:https://mainichi.jp/english/articles/20261008/p2a/00m/0na/023000c |
