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Many ARK supporters and other people are confused by the similarity in names between an organization called "ARK Angels (presided over by Mr. Toshihiko Hayashi)" and ARK.
ARK would like to state categorically that there is NO CONNECTION between ARK Angels and ARK (Animal Refuge Kansai).
The following is the main text of the judgment delivered by Osaka District Court, on 23rd April, 2009.
Main text of the judgment
1. The defendant must not produce nor sell any products with the logo of “ARK Angels” such as windbreakers ( sweat shirts), T-shirts, caps, calendars.
2. The defendant must not put the name or logo of “Ark-Angels” on his products such as windbreakers (sweat shirts), T-shirts, caps, calendars. The defendant is not allowed to even display such products for sale.
3. The defendant must not use the name of ARK Angels for his animal-related activities.
4. The court orders the defendant to dispose all the products with the logo of “ARK Angels” such as windbreakers (sweat shirts) , T-shirts, caps, calendars.
5. The court orders the defendant to delete the name of “ARK Angels” on the signboards, tents, business cards, brochures.
6. The defendant must not use the domain name of “ark-angels.jp”
7. The court orders the defendant to delete all the names and logos of “ARK Angels” on his website made on the address of “http//ark-angels.jp”
8. The court orders the defendant to pay the plaintiff ￥1,100,000 and its interest (5% a year: calculating back from 1st January 2007)
9. The court dismisses other demands made by the plaintiff.
10. The defendant must pay half the expense for running this trial, and the rest must be paid by the plaintiff.
11. A part of this sentence (i.e. article 1, 3, 6, 8 ) can be enforced temporarily before the judgment becomes final and binding.
Explanation (written by ARK lawyers)
To sum up, the court ordered Mr. Hayashi to stop using the name of ARK Angels, stop selling the ARK angels goods, dispose of them all, and to pay 1,100,000 yen to ARK as compensation. We highly appreciate this judgment that totally accepted ARK’s demands and allegations. ARK actually won the case.
The case includes various points of legal controversy, but the most essential fact is that the court clearly admitted that the following points are both true.
1) The name “ARK” and “ARK Angels ” are confusing, leading people to misunderstand.
2) ARK has never permitted Mr. Hayashi to use the name of “ARK Angels” to do his own activities.
|Our priority now is on housing the remaining 16 dogs from the Tohoku earthquake and tsunami, many of whom have owners, but who are unable to take them back. The area (land) where the Earthquake dogs are now housed, has been rented for many years but now due to changing circumstances of the owners, is due to be returned to them. That means there is some urgency in building new kennels for them in Sasayama. Your continuing support is appreciated.|