平成 26 年 4 月 14 日発行
インドネシア知財ニュース第 019 号

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<Indonesia> Malaysian Company Sues Local
Entrepreneurs<Indonesia> The trial verdict Brand Clear
Postponed

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)

The trial verdict about the trademark "Clear" between
Philip Morris Brand Sari (Plaintiff) and Japan Tobacco
Inc.. (Defendant) in the Commercial Court at the Central
Jakarta District Court has been delayed again. Supposedly
the trademark dispute was terminated Tuesday, January
21, 2013, but was postponed until Tuesday, February 28,
2013. The case has been postponed several times sinceDecember 2013.
Plaintiff is a subsidiary of tobacco giant Philip MorrisInternational Inc.., they asked the court to cancel thetrademark "Clear" owned by the Defendant. Before filinga lawsuit, the Plaintiff had earlier registered the trademark"Cleartaste" to the Directorate General of Intellectual
Property Rights on March 12, 2012.
(Bisnis Indonesia, 22 January 2014)<Indonesia> Wavin Local Entrepreneur WinsFightWavin BV (Appeal Respondent / the Plaintiff), a Dutch
pipe manufacturer again won the case regarding thetrademark "Duravin" after the Supreme Court rejected anappeal filed by a local businessman Halim Jamin(Cessation 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 at
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> 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 haswithout 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,1

平成 26 年 4 月 14 日発行
インドネシア知財ニュース第 019 号

distribution, and promotion, as well as recall above
mentioned products.
(Bisnis Indonesia, 22 January 2014)

there are substantially or entirely similarities that can beseen from the similarity in the writing and pronunciation,
choice of font used, shape, placement method, and thesame pronunciation, similarities in the writing can be seenfrom the writing of uppercase and lowercase letters. InIndonesia, the Plaintiff has applied for registration of thetrademark "dbx" on November 7, 2007 in goods class 9,
with the number D00200736612. But it turned out that
there was already a registered trademark "dBX" on behalfof the Defendant under IDM000210670 number of goods
in class 9. Defendant denied in its answer and stated
Plaintiff's lawsuit is vague because the Plaintiff did not
mention clearly the type of goods of the trademark "dBX"
for which it requested cancellation. According toDefendants both brands are not similar despite being inthe same class, trademark "dBX" owned by the Defendant
was in class 9 which protects the sound system for the car,
Dolby surround, speakers, speaker / audio for the car, box
loudspeaker, and loudspeaker.
(Bisnis Indonesia, 23 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> 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 CentralDistrict 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 ofpiggybacking on the fame of the trademark of thePlaintiff and because it causes confusion in the public.
(Bisnis Indonesia, 24 January 2014)<Indonesia> Case Trademark Law SUOMY
The Italian helmet manufacturer, Suomy Spa (Plaintiff)
re-filed a lawsuit against a local businessman Arifin
Daniel (Defendant) related to disputes regarding thetrademark "Suomy". case is based on the objection of thePlaintiff to the registration of the trademark "Suomy" by
the Defendant, because the Plaintiff claims it is the only
legal owner of trademark "Suomy". In the previouslawsuit, the Plaintiff had made improvements to thelawsuit, because the Defendant’s objection to repair thesuit, the judge rejected the and the Plaintiff repealed thelawsuit. In the first lawsuit, the trademark "Suomy"
owned by the Defendant declared registered with number
IDM000093394 in goods class 9, when in fact theDefendant's trademark is registered with number
IDM000381632 in goods class 9.
(Bisnis Indonesia, 23 January 2014)<Indonesia> TCF and Local Entrepreneurs
Clashed Again
Trademark dispute between TCF Co.. LLC (Plaintiff) aU.S. based company with local entrepreneur De Silva UChandra Sri Lal (Defendant) resumed at the Commercial
Court at the Central Jakarta District Court. After twoyears 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.

<Indonesia> U.S. Company Presents Expert
Witness
Dispute about the trademark "dBX" between Harman
International Industries Inc. (Plaintiff) from the U.S. andlocal businessmen Djohan Lili (Defendant), again
continued with the testimony in the court hearing of theexpert witness (Henry Sulistyo Budi) presented by thePlaintiff. In the hearing, an expert witness testified that2

平成 26 年 4 月 14 日発行
インドネシア知財ニュース第 019 号

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> Andreas Stihl Wins Dispute LocalEntrepreneur
The efforts of local entrepreneurs He Sok Khui
(Applicant Appeal / Defendant) for obtain again thetrademark for chainsaw "STL" is not successful, after theSupreme Court rejected the petition in Cassation which isfield against German company Andreas Stihl AG &Company (Respondent Cassation / Plaintiff). Disputetrademark "STL" began when Plaintiff assessed
Defendant has made huge pofits on their trademark.
Defendant has registered trademark "STL" under number
IDM000294755 on September 2, 2008 at the Directorate
General of Intellectual Property. The company of thePlaintiff was founded in 1926 in Waiblingen, Germanyand claims the Defendant registered the trademark in badfaith, without rights and without Plaintiff’s permission.
(Bisnis Indonesia, 29 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 trademark
Toraja 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> Toyota
Entrepreneurs

AgainSuesLocal

Toyota Jidosha Kabushiki Kaisha (Toyota MotorCorporation) (Plaintiff) again sues Indonesian
entrepreneur related to trademark "Lexus". This time
Plaintiff sued Welly Karlan (the Defendant) from Sidoarjo
in the Commercial Court Central Jakarta District Court.
The Defendant is the owner of trademark "Prolexus"
which is registered with the number IDM000249048 ingoods class 25, and trademark of the Defendant has
substantial similarities with the trademark "Lexus" ownedby the Plaintiff. It is feared that these substantial
similarities could give the public the impression that theDefendant’s trademark is coming from Toyota and it wasfiled with having bad faith.
(Bisnis Indonesia, 29 January 2014)＊今号につきましては、記事編集の都合により第 18号(3 月 25 日発行)より古い内容が一部掲載されております。
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