１．Background

Company X is the owner of the "xxxx Onion" trademark (for a processed food brand) and imports and sells products using this trademark. Company X had negotiated with Company Y, which imports and sells a frozen food product named "Mount xxxx" in Japan in an attempt to demand an injunction of Company Y's trademark infringement and compensation for damages, but did not succeed. Thus Company X applied for mediation.

２．Purposes of the application

Company X, the applicant, sought to demand an injunction of Company Y's import and sale of products with the "Mount xxxx" trademark and compensation for damages.

３．Arguments of the respondent

Company Y, the respondent, claimed that it is impossible to separate and extricate "xxxx" from the registered trademark "xxxx Onion" in question to provide a pronunciation "xxxx". Therefore, "Mount xxxx" is not similar to the registered trademark in question.

４．Point in dispute

The point in dispute was whether the registered trademark "xxxx Onion" in question, is a single and inseparable trademark as a whole or a single pronunciation of "xxxx." would arise.

５．Conclusion

The arguments of the parties were in conflict and no agreement was reached on the amount of compensation for damages. Therefore, the applicant withdrew their application.