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Sample translations submitted: 3
Japanese to English: Legal Translation
Source text - Japanese 第１ 請求の趣旨
１ 被告は、その営業上の活動に、別紙被告表示目録記載の表示、を使用してはならない。
２ 被告は、看板、店舗・事務所表示、広告その他の営業に使用する一切の施設又は物品に、別紙被告表示目録記載の表示を使用してはならない。
３ 被告は、東京法務局平成１２年１２月８日受付をもってした被告の設立登記中、「有限会社ABC」との商号の抹消登記手続をせよ。
４ 被告は、原告に対し、金１０００万円及びこれに対する本訴状送達の日の翌日から支払済みまでの年５分の割合による金員を支払え。
５ 訴訟費用は被告の負担とする。
との判決並びに仮執行宣言を求める。
The claimant seeks judgment and a declaration of provisional execution of the following:
1.The defendant shall not, in the course of conducting business, use any of the signs contained in the List of Defendant's Signs (separate document).
2.The defendant shall not use any of the signs contained in the List of Defendant's Signs (separate document) in any of the defendant's signs, store or office displays, advertisements, or any other business situation.
3.During the period of establishment and registration of the claim received December 8, 2000 by the Tokyo Legal Affairs Bureau, the defendant shall cancel registration of the business name “ABC Limited Corporation”.
4.The defendant shall pay to the claimant the sum of 10,000,000 Japanese yen plus 50% annualized interest, which shall accrue as of the day following the date of delivery of this claim, until the amount is paid in full.
5.All legal expenses shall be the responsibility of the defendant.
(5) Public awareness and recognition
The potential customer in this instance is an individual or entity seeking resolution of various legal issues such as obtaining standard legal counsel regarding such areas as corporate law and real estate law, or seeking services related to contract proceedings and creation of contracts; as such, this overlaps with the potential customer base of the claimant. Therefore, it is clear that the sign of the claimant is common knowledge and well-known to potential customers of the defendant.
4. Fraudulent intent of the defendant
As stated above, the entire body of ABC, INC (Legal Offices) to which the claimant belongs has been repeatedly referred to since 1999 in Nikkei Shimbun, papers around the country, and publications on economics as the largest legal office in the world; and at least as late as December of 2000, the defendant had sufficient knowledge of the fact that the claimant's sign had been used as a representation of the claimant's business to establish public awareness and recognition thereof.
Despite this fact, on December 8, 2000, the defendant established and registered a limited corporation using the defendant's sign. However, the office location in question was an empty building which had been recently vacated, and there was no actual limited corporation operating on the premises. Furthermore, because the present location displaying the defendant's sign “XYZ Office” has such as its sign, it has no need to use the “ABC” sign shown on the List of Defendant's Signs (separate document, hereinafter “Defendant's Signs”). Therefore, we must conclude that the defendant acted with intent to masquerade as a Japanese branch of the claimant's company affiliated with the claimant, thereby freeloading off the trust, recognition, and reputation of the claimant.
11. Conclusion
Therefore, the claimant seeks an injunction against the defendant's use of the signs in the List of Defendant's Signs (separate document) and cancellation of registration of Defendant's business name, in accordance with the Prevention of Unfair Competition Law, article 2, paragraph 1, numbers 1 and 2, or article 3, paragraph 1; or the Commerce Law, article 21, paragraph 2. The claimant seeks payment of punitive damages in the amount of 80,000,000 Japanese yen plus late payment fees of 50% annualized interest as prescribed by civil law, which shall accrue as of the day following the date of delivery of this claim, until the amount is paid in full, in accordance with the Prevention of Unfair Competition Law, article 4 and Civil Law, article 709.
Until last year, I worked in a small apartment on Minami-hiradai in Shibuya.
In actuality, the apartment was not on Minami-hiradai proper, but was located away from the main street and all its spacious mansions, and thus the deposit and the rent were not so very expensive. Of the apartment’s two rooms, I used one as an office and the other as a reception room to speak with clients from magazines. My clients would often compliment me on finding such a conveniently-sized workplace.
However, it was not I who had found this place. I had taken it over for Mr. Corgan, who had moved out some four months earlier. Mr. Corgan was a recently resigned priest from America. He had been doing research on early Christianity in Japan at a women’s college run by his church. Though only forty-eight, he was completely bald except for a few golden hairs growing sparsely at the top of his head. Due to his circular face and rotund build, the college girls called him Kewpie. I must admit that, to me as well, he seemed not so much a college lecturer as the kind of man you might see working in a butcher shop in downtown New York.
“My dead mother used to be a painter in Berkeley,” he once told me. “Have you heard of Berkeley? They have a good university there.”
I never once asked him why he left the clergy. These past five years, there had been a veritable deluge of priests turning their backs on churches and monasteries. The phenomenon of malcontent clergymen deciding to change their lives, disillusioned with a Christianity that had long forgotten about pouring new wine into old wineskins, was one that had been seen in Europe for many years, and it had now seeped into Japan as well. As for myself, I did not like the idea of poking about in the wounds of former priests merely out of curiosity.
I visited Mr. Corgan in this room, though only occasionally, during the four months previous to his return home. Often, a dark colored man with a bloated head named Takayama would be visiting when I came. Apparently, he was a colleague of Mr. Corgan, working together on researching the history of Kyūshū’s early Christians.
“When you go back home, let me have this room,” I requested of Mr. Corgan. His Kewpie doll face had smiled as he turned carefully about the room he was to leave behind at last, looking as if he were trying to memorize the walls and windows. The sun was setting.
“It’s got roaches, you know. Are you sure you want it?”
“That’s hardly a problem, since I won’t be eating here.”
I loved the way the morning’s soothing light rays came in through the east window. Mr. Corgan used one room as a study and the other as a bedroom. In the bedroom was a French-style bed he had bought on sale at a department store, but it reeked of body odor, a smell like blue cheese that was a bit much for me. Despite fifteen years in Japan and a love for Japanese food, Mr. Corgan still smelled like a white man.
He went to Kyūshū from time to time during the four months before he left. His purpose was to conduct his final investigation of Japanese Christian history.
“I’ve grown quite interested in Ōtomo Yoshimune,” he said one day in this room, facing Mr. Takayama and me. Then, too, the sun was setting as the three of us drank some Hida saké that I had brought. When Mr. Corgan drank, his face literally became as red as a Kewpie doll in a bathtub. Being forty-eight, he was always showing signs of high blood pressure.
Japanese to English: Legal Translation
Source text - Japanese 第１ 請求の趣旨
１ 被告は、その営業上の活動に、別紙被告表示目録記載の表示、を使用してはならない。
２ 被告は、看板、店舗・事務所表示、広告その他の営業に使用する一切の施設又は物品に、別紙被告表示目録記載の表示を使用してはならない。
３ 被告は、東京法務局平成１２年１２月８日受付をもってした被告の設立登記中、「有限会社ABC」との商号の抹消登記手続をせよ。
４ 被告は、原告に対し、金１０００万円及びこれに対する本訴状送達の日の翌日から支払済みまでの年５分の割合による金員を支払え。
５ 訴訟費用は被告の負担とする。
との判決並びに仮執行宣言を求める。
The claimant seeks judgment and a declaration of provisional execution of the following:
1.The defendant shall not, in the course of conducting business, use any of the signs contained in the List of Defendant's Signs (separate document).
2.The defendant shall not use any of the signs contained in the List of Defendant's Signs (separate document) in any of the defendant's signs, store or office displays, advertisements, or any other business situation.
3.During the period of establishment and registration of the claim received December 8, 2000 by the Tokyo Legal Affairs Bureau, the defendant shall cancel registration of the business name “ABC Limited Corporation”.
4.The defendant shall pay to the claimant the sum of 10,000,000 Japanese yen plus 50% annualized interest, which shall accrue as of the day following the date of delivery of this claim, until the amount is paid in full.
5.All legal expenses shall be the responsibility of the defendant.
(5) Public awareness and recognition
The potential customer in this instance is an individual or entity seeking resolution of various legal issues such as obtaining standard legal counsel regarding such areas as corporate law and real estate law, or seeking services related to contract proceedings and creation of contracts; as such, this overlaps with the potential customer base of the claimant. Therefore, it is clear that the sign of the claimant is common knowledge and well-known to potential customers of the defendant.
4. Fraudulent intent of the defendant
As stated above, the entire body of ABC, INC (Legal Offices) to which the claimant belongs has been repeatedly referred to since 1999 in Nikkei Shimbun, papers around the country, and publications on economics as the largest legal office in the world; and at least as late as December of 2000, the defendant had sufficient knowledge of the fact that the claimant's sign had been used as a representation of the claimant's business to establish public awareness and recognition thereof.
Despite this fact, on December 8, 2000, the defendant established and registered a limited corporation using the defendant's sign. However, the office location in question was an empty building which had been recently vacated, and there was no actual limited corporation operating on the premises. Furthermore, because the present location displaying the defendant's sign “XYZ Office” has such as its sign, it has no need to use the “ABC” sign shown on the List of Defendant's Signs (separate document, hereinafter “Defendant's Signs”). Therefore, we must conclude that the defendant acted with intent to masquerade as a Japanese branch of the claimant's company affiliated with the claimant, thereby freeloading off the trust, recognition, and reputation of the claimant.
11. Conclusion
Therefore, the claimant seeks an injunction against the defendant's use of the signs in the List of Defendant's Signs (separate document) and cancellation of registration of Defendant's business name, in accordance with the Prevention of Unfair Competition Law, article 2, paragraph 1, numbers 1 and 2, or article 3, paragraph 1; or the Commerce Law, article 21, paragraph 2. The claimant seeks payment of punitive damages in the amount of 80,000,000 Japanese yen plus late payment fees of 50% annualized interest as prescribed by civil law, which shall accrue as of the day following the date of delivery of this claim, until the amount is paid in full, in accordance with the Prevention of Unfair Competition Law, article 4 and Civil Law, article 709.
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Japanese-English translation specializing in business, economics, legal, technology, and literature. Maintain complete accuracy while rendering in natural, intelligible English. References and samples available upon request.
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