On July 17, 1997, the Supreme Court rendered a judgment finding that the
copyright of POPEYE had expired when fifty years had passed from the first
publication of his picture. It reversed a judgment of the Tokyo High Court
which held that a new protection term had started each time that a new
picture was published.
However, the defendant, who had sold neckties bearing pictures of POPEYE,
was enjoined from selling them. Although the Court dismissed the claim
under the Copyright Law, it granted injunction under the Unfair Competition
Prevention Law, finding that the act of the defendant constituted an act
of passing-off.