Notification of Name/Logo infringement of the Kokusai Nihon Kachu Bugu Shinko Kyokai (of Japan)

[Miura]

Notification of Name/Logo infringement of the Kokusai Nihon Kachu Bugu Shinko Kyokai (of Japan)

 

The purpose of this post is to differentiate our organization from other entities that have chosen to imitate our name and logo.  This is not a post for self promotion or advertisement, but  to create awareness for the protection of potential customers and or enthusiasts who may be hoping to receive services from our organization here in Japan.    *** Please be known that as of March 20, 2023 we do NOT have a website for our organization, nor do we have a facebook page.

It has recently come to our attention that somebody/some entity has  registered our in-use logo and organization name.  The organization: “Kokusai Nihon Katchu Bugu Shinko Kyokai" of Japan has been active and located in Japan, for several years now, and has been issuing certificates for two years.  The organization was set up to fulfill the demand from collectors and dealers who wanted professional rapid service from a group of knowledgeable, experienced individuals.    Miura Hiromichi was one of the senior advisors from the inception of the Kokusai Nihon Katchu Bugu Shinko Kyokai of Japan years ago, and was an honored member until his passing last July.  The organization is set up as a professional service provider, rather than a non-profit ad vocational entity. We did not establish for the purpose of coming into conflict with other organizations.  As a matter of fact we support the endeavors of such organizations as the Japanese Armor Society (JAS)based in Europe as well as the Nihon Kachu Bugu Kenkyu Hozon Kai (NKBKHK).   Our organization was and always has been based in the greater Tokyo Area Japan at suite 2L of the Yoroi building in Warabi Japan. We have a semi-employed, on site staff, a library with a vast collection of established artifacts and connections with other cooperative entities in various areas of expertise such as scientific analysis when needed.

The entity infringing on our established name/logo is based in England and has registered a very similar logo and name to our organization. This entity has absolutely no relation to our organization as it was created after the establishment of our organization and was established without permission or consent. The other entity is not currently, and has never been associated with our organization. From the formation of our organization the Kokusai Nihon Kachu Bugu Shinko Kyokai (KNKBSK) has had very few changes in the administration with the exception of one member who voluntarily resigned and relinquished any claims as of summer 2022. 

 

Unfortunately, because the public actions taken by the other organization appear to be an attempt to imitate, discredit, and create a false narrative against our organization, we have fallen under pressure by various members, customers, and groups of interest to notify the public in order to protect their investment and trust in our organization. And regrettably we have voted to address this in a forum to create awareness that the other entity is of no relationship, and never has been, to us.

 

Our administration believe that the name and logo of our organization were “copied” for the purpose of (and or resulted in):

1.                     Attempting to assume the name and reputation that our organization and the individual members have created for themselves and attained through years of hard work and good, honest reputation. Otherwise there was no purpose to create an organization with the same name and logo except with Ill intent.

2.                     Devalue the name of our organization and the investments of the members therein.

3.                     Take jobs away from hard working Japanese people – jobs that were created in this organization.

4.                     Reduce the reputations and names of our members.

 

Our organization was incorporated into Miura Anjin Kobo ltd., and was known and accepted on a worldwide basis. We saw no reason to register our in-use logo and name as it was protected under common copyright laws through the publishing of our papers, name, and logo on the internet.  We hold that under international law, it is not necessary to register our name and logo to hold first rights ownership as it was in use, and world renown. We further feel that the copying of our logo/organization name and registering thereof, as well as creating a non-existent connection to the actual organization is fraudulent.  Further when a logo or name is trademarked, to prevent the registration agency from being abused through trademark pirating, the registrant is required to do due diligence (usually through a professional researcher) to prevent copying of names and trademarks already in use whether registered or not.  In the case of the imitation entity, it is apparent that the registration process was abused for the purpose of mal intent – to steal away income, harm reputations, create confusion, and at the same time use for self promotion. This action was not a simple mistake or oversight which commonly happens in trademark registration .

 

It was recently published on a facebook page created for the “imitation” organization that the Kokusai Nihon Kachu Bugu Shinko Kyokai had problems with fake papers.  This is patently untrue.  Our organization had sets of unique stamps, papers, and inks that were so costly and expensive, that the replication of such papers would be so difficult and costly that it would cost much more to produce anything even close to the quality that we provide.  Our papers are and continue to be a literal gold standard for the community as they are all gold embossed, and at the Juyo level and above, have gold laid into the traditionally made washi paper. In addition to a five person shinsa, our Juyo level papers involve Japanese craftsmen on each level of production and therefore support the crafts community.  Due to the accusation of “fake” papers being made, we will show some examples of the papers that have thus far been produced as well as a list of actual registered numbered items that have passed through our organization.  We would encourage anybody possessing a certificate with a number not currently on our registered list, to please contact us and tell us where the paper was issued so that we may offer advice.  All of the papers that have been issued by our organization were issued and shipped directly from Japan to the owners of the items. 

 

Our entry level papers look like this.

 

 

 Gold and black logo with actual gold leaf used on a high quality, thick, off-white paper.  Each photo has a number on it that reflects the photo in the upper left corner of the certificate.

The upper right corner has a hole punched number with a numbering system that reflects the class of item, level, and serial number.  We invested in a hole punch that is over 100 years old, as there are very few that actually work, and few people who can restore them. Though expensive, modern hole punches can be easily purchased online.

 

  The photo is embossed to the paper with a hand made embosser that was both carved and died here in Japan. Unlike modern machine made embossers, the embossing plate is unique and impossible to copy without possession of the original which is kept under lock and key at our office.

 

  (back)

  Additionally our papers have a water mark of both our logo and company hanko logo.  Our company hanko, and three inspectors hankos are in red ink. The ink is actual “shu-niku” ink, and is of a very expensive quality. It leaves a thick stamp that is slightly, yet visibly raised above the paper.  Our papers are printed completely in Japanese, though we are currently offering supplemental English descriptions at no additional cost.

 

You can see our papers published at various world renown auction houses such as Bonhams and Christies.

The format and seals have not been changed so any difference in style, size or format is not authorized by our organization here in Japan.  Our certificates are not folded and come with an envelope that allows the certificate to be put in without folding it.

Juyo papers include a traditionally made origami that in addition to the normal certificate.  The printed juyo certificate has five inspector stamps instead of the normal three for the lower level papers with the Chinese characters in positive red instead of negative white, and a juyo level (or above) serial number.  The traditionally made origami is composed of  traditionally hand made paper. The outer wrapping has our seal woven into the paper with 24k gold leaf. The kanteisho itself is hand written with the individual name seals “kao” of the inspectors present at the time of the shinsa in thick traditionally made “sumi niku” black ink.  A seal is also laid into the paper so that when closed, it is on the outside.    Juyo descriptions are long and are written in traditional Japanese characters by a separate artist.    All parts of the Juyo papers are done by hand by separate artists, and all stamps are made of metal and emboss the paper when stamped so that authenticity is unmistakable.

(normal juyo certificate)

(Origami cover, Folded with gold)

 

 

 

(front)

 

(back, unfolded)

 

  So far we have had only one juyo shinsa. One is planned for later this year, and we will be having more on an ongoing basis.   These are the current serial numbers of valid Juyo and tokubetsu juyo certificates:     (as of March 20, 2023)

 

12042117

12042118

12042119

12042121

12042122

 

In conclusion, we took the necessary steps to make sure that our papers cannot be copied. In doing so, we assured that the papers would hold their value, and that people investing in them would have had their items graded and authenticated by competent inspectors.  Now that there is a public record of our certificates, I hope that people will be able to use our service with confidence that they are getting authentic papers and receive the services that they have expected for their money. We apologize for any confusion and will be happy to answer questions directly here for the time being.

We include here a current list here of the valid normal certificates below the Juyo level: (as of March 20th 2023)

12042101

12042102

12042104

12042105

12042103

12042108

12042109

12042103

12042106

12042126

12042113

12042125

12042129

12042115

12042127

12042112

12042125

12042126

12042127

12042129

12042130

12042146

12042147

12042148

12042149

12042150

12042151

12042152

12042153

12042141

12042140

12042143

12042135

12042134

12042133

12042137

 

 

 

 

 

 

[YOJIMBO]

so is is fight between mancabeli ant thatcher ? 

hypercorrectness will be the ruin of civilization - are you afraid to write the name of the person in question ? this will come as a great shock to his circle of fanatical followers                                                

[C0D]

If it can help, after a quick research i found a company registered in the UK with the name "KOKUSAI NIHON KACHU BUGU SHINKO KYOKAI LIMITED" here https://www.companysearchesmadesimple.com/company/uk/14572429/kokusai-nihon-kachu-bugu-shinko-kyokai-limited/
As you can see there's also the following address :
 

10 John Street
STRATFORD-UPON-AVON
CV37 6UB

Which is a building owned by https://leighgraham.co.uk/
So you might question them about it

[Brian]

Miura san,
First time I have heard of this issue here, and thank you for bringing this to our attention. You can count on the forum for support, please let me know either here or in private if we can assist any any other way.
It did not take much research online to see that the UK organization is run by David Thatcher. I'll leave it at that.
https://suite.endole.co.uk/insight/company/14572429-kokusai-nihon-kachu-bugu-shinko-kyokai-limited

https://uk.linkedin.com/in/yoroishi

Quite a predicament.

[Luc T]

Dear Miura san,   The  papers used for Christies upcoming auction are not made by your organisation in Japan??

[Jon Masutatsu]

The KNKBSK was formed as a verbal contract between Mr Mancabelli and Mr Thatcher. Mr thatcher was tasked with the organisation's design, marketing and promotion. Being widely publicised by Mr Thatcher via the internet. Website / Instagram/ Facebook

Mr Mancabelli was tasked with creating a shinsa panel to appraise items submitted by collectors.

In 2020 a press release was made which contained the following information about the shinsa judges:

The Jury
Our panel of judges is made up of individuals from various academic disciplines, including craftsmen, artisans, dealers, historians, archaeologists and museum curators, all of whom have a professional background in the field of armour and armour art. A regular assessment is carried out by a panel of three appointed and re-appointed judges, reviewed at the end of each financial year. A further two special advisers are added for the valuation of important and treasured items. Additional judges are selected on a case-by-case basis, as appropriate, and are entered into the database. 

In 2022 it was discovered that the jury was made up of four individuals, Mr Mancbeli, Mr Okimura, Mr Shi Shi Kura, Ms Seryna Yeap

An investigation exposed the following: Mr Shi shi Kura is not an expert in Japanese Armour but, in fact, a delivery boy for Amazon living two doors away from Mr Mancbeli. Ms Seryna Yeap is a dealer of second-hand goods and has no level of expertise in Japanese Armour.

For this reason, the contract between Thatcher and Mancabeli was terminated by Mr Thatcher.

Thatcher legally owns the KNKBSK, and the organisation no longer offers a shinsa service to collectors. Mr Thatcher feels that this is best served by the Japanese Armor Society. 

Trade mark number
UK00003837577
Registered Trademark for the Device (logo) and Trading Name
Class 36.
Appraisal (Art -);Art appraisal;Art work valuations [appraisals];Appraisal (Antique -);Antique appraisal;Antique appraisal services [valuation];Appraisals for insurance purposes;Repair cost evaluation [financial appraisal];Evaluation of objects of art;Valuations of works of art.

Mancabelli has been issued a Cease And Desist but continues to pass off the organisation as his own to deceive others.

[Jon Masutatsu]

[Jon Masutatsu]

It seems apparent that Mr. Mancabelli intends to pass off counterfeit certificates to members of the Nihonto Message Board!

[Brian]

I'm reminded of the fact that a trademark is easily abused and registered, and really doesn't say anything about the origins or legitimacy of a logo or word.
I wouldn't use that as any proof of anything. We are reminded that someone easily managed to trademark the word "Nihonto" and also the word "Katana" for the purposes of sword retail.

[Miura]

6 hours ago, Jon Masutatsu said:

The KNKBSK was formed as a verbal contract between Mr Mancabelli and Mr Thatcher. Mr thatcher was tasked with the organisation's design, marketing and promotion. Being widely publicised by Mr Thatcher via the internet. Website / Instagram/ Facebook

Mr Mancabelli was tasked with creating a shinsa panel to appraise items submitted by collectors.

In 2020 a press release was made which contained the following information about the shinsa judges:

The Jury
Our panel of judges is made up of individuals from various academic disciplines, including craftsmen, artisans, dealers, historians, archaeologists and museum curators, all of whom have a professional background in the field of armour and armour art. A regular assessment is carried out by a panel of three appointed and re-appointed judges, reviewed at the end of each financial year. A further two special advisers are added for the valuation of important and treasured items. Additional judges are selected on a case-by-case basis, as appropriate, and are entered into the database. 

In 2022 it was discovered that the jury was made up of four individuals, Mr Mancbeli, Mr Okimura, Mr Shi Shi Kura, Ms Seryna Yeap

An investigation exposed the following: Mr Shi shi Kura is not an expert in Japanese Armour but, in fact, a delivery boy for Amazon living two doors away from Mr Mancbeli. Ms Seryna Yeap is a dealer of second-hand goods and has no level of expertise in Japanese Armour.

For this reason, the contract between Thatcher and Mancabeli was terminated by Mr Thatcher.

Thatcher legally owns the KNKBSK, and the organisation no longer offers a shinsa service to collectors. Mr Thatcher feels that this is best served by the Japanese Armor Society. 

Trade mark number
UK00003837577
Registered Trademark for the Device (logo) and Trading Name
Class 36.
Appraisal (Art -);Art appraisal;Art work valuations [appraisals];Appraisal (Antique -);Antique appraisal;Antique appraisal services [valuation];Appraisals for insurance purposes;Repair cost evaluation [financial appraisal];Evaluation of objects of art;Valuations of works of art.

Mancabelli has been issued a Cease And Desist but continues to pass off the organisation as his own to deceive others.

 

Jon. You are absolutely wrong about everything you wrote.  Mr. Thatcher does not own our organization. You can ask all of the members. - they are very unhappy with what has transpired.  However if you are saying that Mr. Thatcher is the person responsible for creating an imitation organization by registering our in use logo and name then I would agree that he may have done such a thing for the reasons I stated in the opening.  All I can say is that for his own reasons, Mr. Thatcher decided to leave our organization and relinquished all rights and ownership when he did so.  Before that, he used the company funds to pay back his financial investment.  I myself am still very heavily invested financially. He knows this.  There is a very clear record of his actions.   It was the agreement of the shinsa and members to keep the names of the people on the shinsa anonymous so that they did not come under any pressure and could give their best opinions based on influence. Everybody agreed on this including Dave.  Why you have chosen do post some of their names (and you are wrong on some of them) and by the misspelling of them I would have to assume that you got them from Mr. Thatcher) I can only assume that you wish to defame members and interfere with the operations of our organization. It seems that somebody didnt keep their promise. (although the information about the shinsa members is not entirely true)  I would be careful with the information you have been given.  There was absolutely no investigation you spoke of and the information that you have provided, and the characterization of the people you mention is defamation as it is simply not true.  Im not sure who you are roping into this petty attack, but you may wish to check your sources before you trust them.  Mr. Thatcher himself was on the shinsa at one point (that makes 5 - if we include him to your other 4 and I won't acknowledge that you have provided the correct names) and his personal seal appears on some of the papers. When he quit, I agreed to retire his seal and assured him that it would no longer be used. (NOTE: I was never reimbursed for cost of Mr. Thatcher's hand made Kao seal)  He was replaced rather quickly and without effort as I have quite a few very capable people in my orbit who can act as shinsa experts.... positions which are not permanent and rotate on an as needed basis.
Finally, Jon.  you really need to be careful about the information you have been given.  There is a VERY clear record of what transpired between Mr. Thatcher and our organization.  There has been no deception or lies on our end.  I hope this addresses your concerns.

 

 

 

[Miura]

6 hours ago, Jon Masutatsu said:

It seems apparent that Mr. Mancabelli intends to pass off counterfeit certificates to members of the Nihonto Message Board!

Our certificates have not changed since their inception. Therefore they are not counterfeit. Same seal, same stamps (except the individual Juyo Kao seals) same expensive paper, same ink. same location since 2020.   Im not here to advertise our certificates. Rather to protect the interests of people who have trusted us for our service.  We dont turn away customers though. Dealers, individuals, if you want to have an opinion and a grading from a group of professionals we might be a good choice.  If you dont like our services, we would recommend the Japanese Armor society. 

[Miura]

7 hours ago, Luc T said:

Dear Miura san,   The  papers used for Christies upcoming auction are not made by your organisation in Japan??

Thank you. The papers in the current Christie's auction are not by our organization and I have no idea who made them or what kind of shinsa (if any) they have been put through. I assume that they were made by the imitation organization. 

[Miura]

6 hours ago, Brian said:

I'm reminded of the fact that a trademark is easily abused and registered, and really doesn't say anything about the origins or legitimacy of a logo or word.
I wouldn't use that as any proof of anything. We are reminded that someone easily managed to trademark the word "Nihonto" and also the word "Katana" for the purposes of sword retail.

Absolutely agree. I have consulted legal and business specialists and they agreed that we have the right to continue to use our name and trademark considering the circumstances.  In this case the individual who registered our name and logo did so "knowingly".  We assume for bad intentions. Otherwise they would have used a different name and logo if they wanted an organization rather than usurp the name and reputation of an existing one.  

[Miura]

9 hours ago, YOJIMBO said:

so is is fight between mancabeli ant thatcher ? 

hypercorrectness will be the ruin of civilization - are you afraid to write the name of the person in question ? this will come as a great shock to his circle of fanatical followers                                                

We don't consider it a fight.  Mancabelli has cut of contact with Mr. Thatcher.  Our organization needs to be distinguished separately.  That is what this is the purpose here.  Imitation is the best form of flattery.... because if means you do something so well others become jealous or want to aspire to your level.   The problem is when you get pulled down by the imitators.  Unfortunate.

[GN174]

21 hours ago, Brian said:

I'm reminded of the fact that a trademark is easily abused and registered, and really doesn't say anything about the origins or legitimacy of a logo or word.
I wouldn't use that as any proof of anything. We are reminded that someone easily managed to trademark the word "Nihonto" and also the word "Katana" for the purposes of sword retail.

I would say this seems slightly different from the use of the word "katana" as it is specific rather than a generic word like "dou". As such the owner of the trade mark and IP are just that the lawful owners until such time a court says otherwise, that is why the system exists, and so to discredit the system is wrong.

 

I would much rather see the Katchu thread on this board return to discussion on Japanese armour as intended and if individuals have issue such as these they should solve these themselves in private as I see no public service here. People do fall out and have disagreements that's life but is this the right place for that, I hope not. It does make the world of collecting Japanese armour seem like a toxic place and so if it were me (which it is not) I would close the thread and try to move onto positive things as too much negativity drives enthusiasts and collector away. 

[Miura]

Grey,

I think that most people don't want the collecting environment to be a toxic place. I think everybody agrees with you.   I think you missed the point of this topic within the Katchu thread though.  Poison was put into the water making it toxic. If nothing gets said, everybody drinks the koolaid.   My organization is only trying to create awareness about what has transpired so that the members and customers are protected.  There are people who are members of the NMB that are affiliated in some ways with our organization.  I think I speak for Japanese in general when I say, Japanese people detest conflict. So do I.  And I detest being put in this position. So I would greatly appreciate it if it wasn't swept under the rug so easily.  What has been done here effects all of us in the armor collecting community.  Not only the customers, members, friends,  and associates of the Kokusai Nihon Katchu Bugu Shinko Kyokai (of Japan).   What we should do is stand together.  This topic is just a notification to our friends here, for awareness.  People don't have to read this topic if it is boring or unhelpful.  I'd be happy to see a new topic in the Katchu section as well.   

[YOJIMBO]

Dear   " Miura"  , who are you ?  Mancabeli self or some staff or who ? 

[Miura]

Dear Yojimbo, 

Thank you.  Generally the queries are being addressed by Andrew Mancabelli, or a proxy for Mancabelli as he is the spokesperson for the "Kokusai Nihon Katchu Bugu Shinko Kyokai" therefore sometimes the answers may appear to be in third party etc.  Apologies if this is confusing.   The name Miura Anjin is the name given to Andrew by his teacher - Miura Hiromichi as he always called him "Anjin" because he had a problem pronouncing "Andy" - Mancabelli's nickname.  Miura Hiromich told Andrew to use the name Miura Anjin.  Hence the name "Miura" here.  It also appears on many of his legal documents and is his accepted  artist name in Japan.  How did you get your name?  And can you please identify yourself?  

[YOJIMBO]

2 hours ago, Miura said:

Milý Yojimbo, 

Děkuji. Obecně dotazy řeší Andrew Mancabelli nebo jeho zástupce, protože je mluvčím "Kokusai Nihon Katchu Bugu Shinko Kyokai", proto se někdy může zdát, že odpovědi pocházejí od třetí strany atd. Omlouvám se, pokud je to matoucí. Jméno Miura Anjin je jméno, které dal Andrewovi jeho učitel - Miura Hiromichi, jak mu vždy říkal "Anjin", protože měl problém vyslovit "Andy" - Mancabelliho přezdívka. Miura Hiromich řekla Andrewovi, aby používal jméno Miura Anjin. Odtud název „Miura“. Objevuje se také na mnoha jeho právních dokumentech a je jeho uznávaným uměleckým jménem v Japonsku. Jak jsi přišel ke svému jménu? A můžete se prosím identifikovat?  

classic   long text and no answer. you probably don't understand me, so one more time. You !  who are writing here, who are you ? 

[Samurai Art]

After speaking to Brian, I am making this post to establish the legal ownership of the Kokusai Nihon Bugu Shinko Kyokai

Mr Andrew Mancabelli is making false claims to the ownership. He is not a representative, or an agent and has no connection with the KNKBSK. Raimu Japanese Antiques Ltd legally owns the KNKBSK. The logo (device) was designed by myself and is a registered trademark. The trading name is also a registered trademark. The KNKBSK is also an incorporated company.

Mancabelli can claim all he wants, but until an international court says otherwise, he has zero rights to the KNKBSK or its IP.

I invite Mr Mancabelli to provide legal proof and hard evidence of ownership. 

[Brian]

Ok....this has now had both sides present their case.
If either side has an issue, it is now up to them to take legal action to resolve this one way or another. The forum isn't a court of law. It doesn't even abide by EU laws, being in SA. So I'm locking this and advice either side it is now time to resolve this off the forum and legally.