2018年05月27日

Crisis of ‘五輪’('go-rin')

■Mr.Schwa■

Arnold Schwarzenegger is a world-famous big star known to everybody.

Dear Arnie,
Affectionately and respectfully yours, I hope you do not mind, but please allow me to call you ‘Mr.Schwa', in Japanese style.

Mr.Schwa, in his early days when performed in Conan the Barbarian, was the picture of hunk, and impressed me as an empty-headed guy.

But, I couldn't help changing my opinion of Mr.Schwa for the better after watching The Terminator, representative work throughout Mr.Schwa's life as an actor.

This was because T-800, Mr.Schwa acts, looked like a robot to me.

It was true,
T-1000, Robert Patrick acts in The Terminator II, and
T-X, Kristanna Loken acts in The Terminator III,
their robot-like acting was worth being greatly admired,
but
T-800, Mr.Schwa acts, was impressed me as his natural character itself.

That is, Mr.Schwa appeared not performing, but the neutrality of existence that appears as though there was feeling, but actually no feelings,horripilated me.

So long as Mr.Schwa acts a robot, I don't feel like anything is off with his hunky looking at all.

Since watching this work, I've been convinced that Mr.Schwa is a brain, so excellent that he successfully worked later as the governor of California.

And so, I'm a big fan of Mr.Schwa and movies his starring (because Mr.Schwa always makes my mind empty of thoughts).

■SCHWA-chan■


●Hypothetical case 1

The assumption involved in my consideration below is that, Mr.Schwa, a world-famous big star is surrounded with many managers, and I'll discuss the cases below assuming that one of them is a Japanese guy, a minion of Mr.Schwa and is in charge of Japan (hereinafter called 'Al' because Mr.Schwa provides his middle name (Alois) as its name).

One day, Mr.Schwa and Al stood chatting, and Al made a stupid proposal, saying 'Japanese people prefer to make a long name short to be nicknamed, then how about sending a message of “Please, call me SCHWA-chan” to Japanese and popularizing “SCHWA-chan”?’

Mr.Schwa listened thereto.
Although there was no saying whether he could comprehend that meaning, he looked at Al and smiled while saying, 'I'll be back.' and left from there.

After that, Al forgot completely that chat and left it as it was.

●Simulation

After a few years, by releasing a series of films, The Terminator in Japan, Mr.Schwa had enjoyed tremendous popularity and visited Japan.

Since that time, someone in his freaks called Mr.Schwa ‘SCHWA-chan’, that is why Mr.Schwa has been called ‘SCHWA-chan’ by everybody.

As far as I'm concerned, I felt like something is off about calling Arnie (I’d have liked to call Mr.Schwa by his first name like 'Arnie'), a world-famous big star ‘SCHWA-chan’ in the beginning, but I've gradually got used to calling ‘SCHWA-chan’.

Now, the pictures of Mr.Schwa remind me to call him ‘Oh SCHWA-chan LOL’, reflexively in my mind (thereby I'm not saying sexual orientation).

●Hypothetical case 2

In view of this situation, Al whispered, 'I told you so!', then he filed an application for trademark registration in Japan with a trademark ‘SCHWA-chan’ that represents Mr.Schwa (hereinafter called ‘application’).

If this is the case, how can we think that (assuming that filing the application by Al itself is left out of account)?

■Trademark Application ‘SCHWA-chan’■


●Legal viewpoint
A.
In Hypothesis case 1, nickname strategy of Mr.Schwa had been practiced by Al everytime Mr.Schwa visited Japan, and continued to spread a phrase,'Please, call me SCHWA-chan', which has resulted in having ‘SCHWA-chan’ widely known as a nickname that represents Mr.Schwa.

If this is the case, it is reasonable to have the trademark application in Hypothesis case 2 registered, and to enforce the right by Mr.Schwa to restrict the unauthorized use of ‘SCHWA-chan’ by third parties, which enforcement would obtain his fans understanding.
B.
But,the simulation was not so.
That was, the nickname strategy of Mr.Schwa had not been practiced by Al, and the use of ‘SCHWA-chan’ by third parties was left as it stood, which has resulted in making free use thereof in Japan.

Thus, it comes to a fact that ‘SCHWA-chan’ has already belonged to a common name as the nickname of Mr.Schwa in Japan.
C.
Under the practice of Japan Patent Office, a trademark belonging to a common name as mentioned above, of which application would be rejected due to the common name.

For example, even if the trademark ‘smapho’ is to be filed for a product ‘smartphone’, such an abbreviated name would be rejected due to the common name.

Following this example, for a product ‘Arnold Schwarzenegger’, a trademark ‘SCHWA-chan’ would belong to the common name (Furthermore, ‘Arnold Schwarzenegger’ is a screen name, and thus Mr.SCHWA can be deemed to be a product to which this name is given.).
(In this respect, more close argument would be necessary.)

●Viewpoint of brand value of Mr.Schwa

Mr.Schwa the Great is never a narrow-minded person who would strive for acquisition of an exclusive right of his abbreviated name of ‘SCHWA-chan’ by way of trademark registration, which name was filed as a trademark by Al in Hypothesis 2 and the name has not been managed by Mr.Schwa, himself.

But, supposing that Mr.Schwa has filed the application, and made appeals on TV, saying ‘Sorry, do not make unauthorized use!’ and so forth, by which a fact of filing the application is widely known, and in the end of which, the application is rejected or the right is invalidated after it is registered, the narrow mind would be publicly emphasized to an exorbitant degree, which would give a disappointment to his fans, and could not keep the fans.

That is, if Mr.Schwa leaves the filing action by Al as it will be, Mr.Schwa would have the decreased brand value of his own and have innumerable harmful effects without any good at all.

■五輪 ('go-rin')■

('五輪' is Japanese language in which '五' means five and '輪' means rings.)

As reported in previous article on my blog, the IOC has stealthily filed an application for trademark registration of ‘五輪’ as a word mark using Chinese characters, i.e., ‘五輪’ before the Japan Patent Office.

‘五輪’ in Japanese language is designation of ‘olympic phenomenon’ invented by a certain reporter on Yomiuri Shinbun Newspaper about 70 years ago, and after that, such designation has been used freely in every field in Japan. Consequently,

‘五輪’ has belonged to a common name in Japanese language.

Thus, ‘五輪’ have never constituted ‘translation’ of any terms of Olympic properties such as logo that is identification of Olympic adopted by the IOC.

On every account of the designation, appearance and the concept established with ‘五輪’ in Japanese language,
it doesn't ring any bells for the IOC itself belonging to the European cultural region.

That's why the IOC had never filed ‘五輪’ for trademark registration and never argued that ‘五輪’ should be accorded as Olympic properties for 70 years since that occurrence until the IOC filed the same as mentioned above.

In other words, the IOC has never managed ‘五輪’ until that time as the trademark that shall identify the IOC itself.

Given the above, substituting ‘Mr.Schwa’ for ‘IOC’ and ‘SCHWA-chan’ for ‘五輪’, or
‘smartphone’ for ‘Olympic’ and ‘smapho’ for ‘五輪’, the discussion made above on would stand up as it stands, hence it follows that trademark ‘五輪’ would belong to a common name with respect to Services ‘Operation of Olympic Games’.

If the IOC acquires the trademark right of ‘五輪’, and in view of the IOC’s measures so far to deal with ambush marketing, it is certain that the IOC will warn through the JOC and the OCOG injunctively third parties to restrict their use of ‘五輪’ which has been free to use so far.

In the first place, ‘五輪’ possesses various cultural meanings for Japanese that would never overlap with the meanings of ‘Olympic’(e.g.,‘五輪書’–‘Gorin no sho’,
the Books of Five Rings by Musashi MIYAMOTO), and thus it can be deemed to already become body and soul for Japanese as Japanese culture.

Such ‘五輪’ in Japanese language that can be deemed to be a part of Japanese culture, of which monopoly by the IOC on the pretext of Olympic properties and through the trademark system could lead to the destruction of Japanese culture.

The IOC must think seriously as to whether its monopoly of ‘五輪’ as the registered trademark would really accord with Olympism (the spirit of the Olympic Games);
otherwise the IOC should be conscious of self-harm of Olympic brand value, by giving warning for an injunction against the use of ‘五輪’ in Japanese language,
if the IOC does so, as the measures to deal with ambush marketing.

Further,
in the Host City Contract, the City (the City of Tokyo), who shall be jointly and severally liable with the NOC and the OCOG for the IOC, acting as a local government who shall have the responsibilities in the benefits of citizens, against the IOC’s action with possible conflicts of interests between the IOC's benefits and the citizens’;

key cabinet members of the Government of Japan who serve as advisors to the OCOG,
acting as an administrative organization who shall have the responsibilities in the interests of nationals; and

the media such as newspapers, books, television and internet media, who had invented ‘五輪’ and contributed to the settlement thereof as Japanese culture, including the mass media who has signed a sponsor contract with the IOC, acting as an organization who should maintain its pride and fulfill its responsibility for providing tangible and intangible support to Japanese word culture.

I think that they should present a message of some sort, facing a critical situation surrounding ‘五輪’ as discussed above.

(end)


posted by Dausuke SHIBA at 09:52| Comment(0) | TrackBack(0) | 五輪
この記事へのコメント
コメントを書く
お名前:

メールアドレス:

ホームページアドレス:

コメント:

※ブログオーナーが承認したコメントのみ表示されます。
この記事へのトラックバックURL
http://blog.sakura.ne.jp/tb/183335052
※ブログオーナーが承認したトラックバックのみ表示されます。

この記事へのトラックバック