平成 26 年 3 月 25 日発行
インドネシア知財ニュース第 018 号

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<Indonesia>Surabaya IndahFighting Brand "Safecare"andit shows the trademark name "Trump" cannot bemonopolized.
(Bisnis Indonesia, 8 January 2014)

Softek

PT. Surabaya Indah (Plaintiff) in dispute with PT. Softek
Indonesia (Defendant) related to the trademark "Safecare".
Thecasenumberisregisteredwith
80/Pdt.Sus-Merek/2013/PN.Niaga.Jkt.Pst.
attheCommercial Court at the Central Jakarta District Court.
Plaintiff is aware of the trademark "Safecare" which
already has been registered with the Directorate ofIntellectual Property Rights on behalf of the Defendant,
because at the time of registration of the mark "SafeCare" owned by the Plaintiff it was rejected by theDirectorate General of Intellectual Property Rights on thegrounds that the registration of the trademark has
substantially similarities with the trademark "Safecare"owned by the Defendant in the same goods class.
Defendant's trademark has been registered under theregistration number 545 680, dated August 4, 2003 andwas extended on November 15, 2011.
(Bisnis Indonesia, 3 January 2014)<Indonesia> Taiwanese company sues GerakPuncak
Taiwanese manufacturer of computer equipment
Thermaltake Technology Co.. Ltd.. (Plaintiff) sues PT.
Gerak Puncak Lancar (Defendant) related to thetrademark "Thermaltake" in the Commercial Court at theCentral Jakarta District Court. The Plaintiff claimed thatthe trademark "Thermaltake" is a famous trademark andhas been registered in several countries in the world.
Plaintiff objected to the registration of the trademark
made by the Defendant, because it has substantial
similarities with the trademark of the Plaintiff, and it
created the impression to the public that as if thetrademark "Thermaltake" is owned by the Defendant andit also filed with having bad faith.
(Bisnis Indonesia, 10 January 2014)<Indonesia> Donald J. Trump Sues Local
Entrepreneurs<Indonesia> Entrepreneurs Ask For Cassation

Donald J. Trump (Plaintiff) in dispute with local
businessmen Robin Wibowo (Defendants) in theCommercial Court at the Central Jakarta District Court
related to the brand name "Trumps" because the brand"Trump" is a name and brand which is famous. Plaintiff
discovered that Defendant had registered the trademark"Trumps" in goods class 25 under number
IDM000351401. Plaintiff's states that the brand "Trump"is a name and brand which is famous. Defendants denied
and declared that the word "Trump" is a word that is
general and not the result of imagination, because there isin the English dictionary a meaning for "truf". Defendants
have also included a list of 12 brands that use the word
"Trump" that has been registered with the Directorate
General of Intellectual Property Rights in different classes,Local entrepreneur Sujadi Joandi (Applicant Appeal /Defendant) will file a cassation after the Commercial
Court at the Central Jakarta District Court decided infavor of Kabushiki Kaisha Yoshimura Japan (Cassation
Respondent / The Plaintiff) regarding the trademark"Yoshimura". The Panel of Judges declared that of thePlaintiff trademark is a famous brand and trademark of
the Defendant which already has been registered with theDirectorate General of Intellectual Property Rights hassimilarities with the trademark substantial of the Plaintiff,of the Defendant so that is considered to have a thetrademark registration bad faith. In addition, of a famous
trademark recognition on evidence is based of investment
in various countries. The similarity of writing of the word
"Yoshimura" between the trademark of the Plaintiff andthe Defendant shows substantial similarity between the1

平成 26 年 3 月 25 日発行
インドネシア知財ニュース第 018 号

trademarks despite the difference in logo of both thetrademarks.
(Bisnis Indonesia, 13 January 2014)

Central Jakarta District Court with case number
13/Pdt.Sus/Merek/2013/PN.Niaga.Jkt.Pst.
Plaintiff
claimed that the name "Wavin” is part of the name of thelegal entity of the Plaintiff, that is Wavin BV, and claims
to be the first users of the trademark" Wavin' in the world.
(Bisnis Indonesia, 20 January 2014)<Indonesia> Toyota Wins Again
Toyota Jidosha Kabushiki Kaisha (Toyota MotorCorporation) (Plaintiff) wins again in the trademark
dispute "Lexus" against PT. Lexus Daya Utama(Defendants) after the Commercial Court at the Central
Jakarta District Court decides in favor of the Japanese
automotive company. The Panel of Judges stated that thetrademark owned by Defendant has substantial
similarities with the trademark of the Plaintiff andDefendant had bad faith in registering the trademark in
the Directorate General of Intellectual Property Rights,
because the trademark "Lexus" owned by the Plaintiff is afamous trademark and has invested in various countries.
The trademark owned by the Defendant is considered togive the impression as if it came from the Plaintiff andmay confuse consumers. The panel of judges added that
because the Plaintiff's trademark is a famous trademark,the lawsuit for cancellation of trademark can be filed
without a time limit.
(Bisnis Indonesia, 16 January 2014)<Indonesia> Supreme Court Rejects Cassation
Directorate Trademark
The Supreme Court rejected the petition the cassation
filed by the Directorate General of Intellectual Property
Rights the Directorate Trademark (Applicant Cassation II/ Defendant II) related to the case of the trademark "Tiga
Kaki Cap" owned Wen Ken Drug Pte. (ApplicantCassation I / Defendant I). At the time of appeal, theApplicant Cassation questioned the legal standing ofRussell Vince (Cassation Respondent / Plaintiff) which
involves citizens of the Isle of Man, but the reason wasrejected by the Supreme Court. This case began when
Russell Vince (Plaintiff) who is a British citizen requested
that the Commercial Court at the Central Jakarta District
Court cancels 49 certificates of the trademark "Tiga KakiCap" owned Wen Ken Drug (Defendant) and taking themout of the General Register, because the Defendant has
without permission used of the symbol of the Isle of Man
as a the trademark for "Cap Kaki Tiga". Plaintiff also asks
the judge to order the Defendant to stop the production,
distribution, and promotion, as well as recall above
mentioned products.
(Bisnis Indonesia, 22 January 2014)<Indonesia>Malaysian Company Sues Local
Entrepreneurs
Niro Ceramic Sdn Bhd (Plaintiff), Malaysian company
sued the registration of the trademark "Zirconio" owned
by Joseph Tanuwidjaja (Defendant) in the Commercial
Court at the Central Jakarta District Court. Plaintiff states
as a company that manufactures and markets tiles
products throughout the world, one of which is a granite
tile trademark "Zirconio". The products are printed inSpanish. Plaintiff claimed that the trademark "Zirconio" isincluded in class 19, which protects the goods type ofgranite tiles.
(Bisnis Indonesia, 17 January 2014)<Indonesia> Local Entrepreneur Wins
Local entrepreneur Sherly Nyolanda (Defendant) winstrademark dispute "Bodycology" against Advanced
Beauty Systems Inc. (Plaintiff), after the Commercial
court at Jakarta District Court rejects the trademark
lawsuit filed by the Plaintiff. Plaintiff has failed to provethat the trademark "Bodycology" is a well-known
trademark. The dispute regarding the trademark"Bodycology" began when the Plaintiff claimed to haveapplied for trademark registration to the Directorate
General of Intellectual Property Rights on April 16, 2011
with class D002011013471 agenda item number 3,
however the Defendant turns out to have registered thesame brand in the same class of goods and has been
issuedatrademark certificate
with number
IDM000289450.
(Bisnis Indonesia, 23 January 2014)<Indonesia> Wavin Local Entrepreneur Wins
FightWavin BV (Appeal Respondent / the Plaintiff), a Dutch
pipe manufacturer again won the case regarding thetrademark "Duravin" after the Supreme Court rejected an
appeal filed by a local businessman Halim Jamin(Cassation Applicant / Defendant). This case began when
the Plaintiff sued the registration of the trademark"Duravin" owned by the Defendant because it isconsidered to have substantial similarities with thetrademark of the Plaintiff and filed with having bad faith.
The lawsuit was registered in the Commercial Court at2平成 26 年 3 月 25 日発行
インドネシア知財ニュース第 018 号

years ago the Defendant won the lawsuit of elimination of
the two trademarks owned by the Plaintiff in Indonesia,
currently the U.S. company is suing De Silva. Plaintiff
considers Defendant's trademark registration was basedon bad faith, and claims that the trademark "TheCheesecake Factory" owned by the Plaintiff is awell-known brand. Defendant also stated the filed lawsuit
has already expired (more than 5 years) based on Article
69 paragraph (1) of Law No. 15 of 2001 on Trademarks.
Plaintiff is also considered to have no legal standing,because Plaintiff is considered to have no registration of
the trademark in Indonesia, referring to the elimination of
the two trademarks based on the Decision of theCommercial Court Central Jakarta District Court dated 3April 2013. In the deletion of the trademark dispute,
Defendant states that Plaintiff never used the trademark
for 3 years in a row since its registration. For thatdecision, the Plaintiff has filed an appeal, but until now
the Supreme Court did not make a decision.
(Bisnis Indonesia, 27 January 2014)<Indonesia> Toyota Wins Again
Toyota Jidosha Kabushiki Kaisha (Toyota MotorCorporation) (Plaintiff) again wins trademark dispute"Lexus" against local businessman Lie Sugiarto(Defendants) in the Commercial Court in the Central
District Court Jakarta. The panel of judges declared thetrademark "Lexus" which is registered with the number
IDM000354703 in the class of goods 09 owned by theDefendant having substantially similarities to that of thePlaintiff, the trademark "Lexus" owned by the Plaintiff isa well-known brand, therefore Defendant's registration of
the mark "Lexus" is done with bad faith both because of
piggybacking on the fame of the trademark of thePlaintiff and because it causes confusion in the public.
(Bisnis Indonesia, 24 January 2014)<Indonesia> Toraja Coffee Receives IPR
Certificate
Toraja Arabica coffee finally obtained a geographicalindication certificate after passing the examination
process in the Directorate General of Intellectual Property.
According Saky Septiono (Section Head of Formalities
Examination Geographical Indication), Toraja coffee is
one of the commodities of Arabica coffee from the Toraja
seed. Toraja coffee is already well known since the Dutchcolonial period. Toraja Coffee is very well known abroad,especially in the Japanese market. Even a company inJapan, Key Coffee already registered as a trademarkToraja coffee, related with this case it is necessary to takelegal action for cancelation of the registration of theToraja coffee trademarks in Japan. According Saky, Japan
only recognizes wine and spirits for the protection ofgeographical indications, beyond those products, Japan
does not recognize it. This makes it problematic on how
to cancel the registration of the trademark Toraja coffee inJapan.
(Bisnis Indonesia, 27 January 2014)<Indonesia> Unika Atma Jaya Faces Lawsuitof Trademark Infringement
Yon Nofiar (plaintiff) owner of a registered mark “CHRP”(Certified Human Resource Management) withregistration no. IDM 000174842 (class 41) submited alawsuit to the court against Unika Atma Jaya (defendant).
The plaintiff stated that Unika Atmajaya is using his
registered trademark with bad faith by using the “CHRP”
trademark name for their training programs.
(Bisnis Indonesia, 3 February 2014)<Indonesia> Abdul Alex Won Against Merry(Kopitiam Case)
Commercial Court of Central Jakarta, refused the lawsuitof Merry Suhenny (owner of trademark “QQ Kopitiam”)
in related to the dispute against Abdul Alex Soelistyo(owner of trademark “Kopitiam”). Judges said that
“ Kopitiam” trademark is not a generic words, thus it canbe registered. The judges also opined that the trademark“Kopitiam” was filed with good faith.
(Bisnis Indonesia, 4 February 2014)<Indonesia> TCF and Local Entrepreneurs
Clashed Again
Trademark dispute between TCF Co.. LLC (Plaintiff) aU.S. based company with local entrepreneur De Silva U
Chandra Sri Lal (Defendant) resumed at the Commercial
Court at the Central Jakarta District Court. After two***3