Protection of Esports Team Identifiers through Intellectual Property Rights

Ensuring the Effectiveness of Identifying Mark Protection

The protection of identifying marks in the eSports industry is becoming increasingly important as the market expands.
Organizations that have acquired rights are advised to make efforts to detect unauthorized use early through regular market research and internet monitoring.
Upon discovering unauthorized use, it is necessary to consider appropriate responses, such as sending warning letters or initiating legal proceedings, depending on the situation.

When exercising rights, it is also important to consider the relationship with fan communities. In particular, for non-commercial use or use for support purposes, considering a flexible approach is one option.
To achieve such effective rights protection, selecting appropriate Japanese legal protection measures is crucial.

Other Legal Protection Measures

Even without trademark registration, distinctive signs that have gained recognition among consumers may be protected as “indications of goods, etc.” under Article 2, Paragraph 1, Items 1 and 2 of the Japanese Unfair Competition Prevention Act.
This protection requires meeting conditions such as the recognition of the sign and the likelihood of confusion, but it offers more flexible protection compared to trademark registration.

Additionally, for logos and mascot personalitys, the managing organization, as the copyright holder, can exercise rights based on Articles 112 to 114 of the Japanese Copyright Act and Article 709 of the Japanese Civil Code.
Protection under copyright law targets creative expressions and has the unique feature of rights arising without registration, distinguishing it from trademark rights.

Practical Aspects of Legal Protection through Trademark Registration

Many professional sports teams register their trademarks under Article 3, Paragraph 1 of the Japanese Trademark Act (商標法) to ensure more secure rights protection. By registering, the operating organizations become trademark holders and acquire the exclusive right to use the mark. This enables them to exercise rights to injunctions and claims for damages against unauthorized users based on Article 36 of the Japanese Trademark Act and Article 709 of the Japanese Civil Code (民法). Additionally, the burden of proof is reduced by the damage estimation provision under Article 38 of the Japanese Trademark Act. Furthermore, they can also exercise rights against similar marks (Article 37 of the Japanese Trademark Act).

However, the effectiveness of trademark rights is limited to the scope of designated goods and services, and infringement only occurs in cases of so-called trademark use. For example, displaying a team name when commenting on players on the Internet typically does not constitute infringement.

When considering trademark registration, it is important to select appropriate designated goods and services with future business expansion in mind. For instance, in the case of eSports teams, it is necessary to consider comprehensive rights protection that includes not only game-related products and services but also apparel products and event promotions.

Legal Framework for the Protection of Identifying Marks

The importance of such legal protection arises from the personalityistics of the eSports industry.
In the eSports industry, activities centered around professional teams utilize unique identifying marks specific to each organization.
Specifically, there are instances where players use activity names (player names) instead of their real names for marketing activities, or where team logos are used in product development.

In recent years, particularly with the increase in the number of eSports participants, the recognition of teams and players has improved, and the market for related products is also on an upward trend.
These intellectual properties are the results of the creative activities of organizations, and unauthorized use could lead to economic losses, necessitating appropriate protection.

Practical Considerations in the Determination and Use of Identifying Marks

When an organization adopts a new identifying mark, it is crucial to conduct a preliminary investigation to ensure there is no conflict with existing trademark rights or well-known marks.
Inadequate research may lead to risks such as injunction claims due to rights infringement.
Particularly in the field of eSports, where international activities are common, it is also necessary to verify the status of rights overseas.

Additionally, when outsourcing the creation of logos and similar items to external vendors, it is essential to clearly define the ownership of copyrights and the scope of usage permissions in the contract.
Specifically, it is advisable to make detailed arrangements regarding the scope of copyright transfer, the possibility of secondary use, and the extent of exclusive use.

Regarding the activity names of players, clearly stipulating the creator, usage conditions, and handling after contract termination in a management contract can prevent future disputes.
It is particularly important to establish a clear agreement in advance concerning the rights to use player names after transfers or retirement.