From what I can gather it seems Taiyo Yuden can only take legal actions against trade laws which prosecute people who deceive consumers into believing they are buying genuine Taiyo Yuden product.
I think this is fair if the only thing the consumer has to go on is the MID (if they know what that is) and/or the retailer fraudulently markets them as genuine.
This is the dictionary definition of fake -
Fake: To contrive and present as genuine; counterfeit.
It's like the AC Cobra (car) relicas. They are not fake as they market themselves as AC Cobra replicas. The real thing costs 4 times as much!
I think people should define themselves when talking about 'fake' Taiyo Yuden. They do license their code to others as well you know!