平成 26 年 6 月 12 日発行
インドネシア知財ニュース第 020 号

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<Indonesia> Unika Atma Jaya Faces Lawsuitof Trademark Infringement<Indonesia> “Adidas” Sued “Under Armour”
over Patent on Sportswear

Yon Nofiar (plaintiff) owner of registered mark of“CHRP” (Certified Human Resource Management) with
IDM 000174842 (class 41) submit a lawsuit to the court
against Unika Atma Jaya (defendant). Plaintiff states thatUnika Atmajaya had a bad faith using the “CHRP”
trademark name for their training program.
(Bisnis Indonesia, 3 February 2014)

Adidas AG sue Under Armour because they are
producing products that infringe Adidas’ patent. Adidas
owns a patent right on a technology regarding movabledevice application which can detect heartbeat, burned
calories, and other information when the user exercises.
Under Armour produce a series of product named
Armour39 which includes watches and its supporting
application and other movable devices.
(Bisnis Indonesia, 7 February 2014)<Indonesia> Abdul Alex Won Against Merry(Kopitiam Case)<Indonesia> Local Company Loses Against
Foreign Company

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)

The Supreme Court refused cassation of Emil Gunawan
for trademark cases No. IDM000157276 (class 7),
IDM000182245 (class 8) and IDM000329110 (class 8)
against Husqvarna Aktiebolag (a Sweden company)
regarding McCulloch trademark. Husqvarna stated that
Emil’s trademarks have similarities with their trademarks
and they were filed with having bad faith.
(Bisnis Indonesia, 11 February 2014)<Indonesia>
2LocalEntrepreneursCompeting over Kopitiam Trademark
Phiko Leo Putra (plaintiff, owner of trademark “Lau’sKopitiam”) submited a cancelation lawsuit of trademark“Kopitiam” to the Commercial Court of Central Jakarta
but this time against different party which is Abdul AlexSoelistyo (defendant, owner of trademark “Kopitiam).
The plaintiff stated that the trademark “Kopitiam” uses
generic word that can not be registered because it does
not comply TRIPs (The Agreement on Trade Related
Aspects of Intellectual Property Rights).
(Bisnis Indonesia, 7 February 2014)<Indonesia> Sony Sued A Local CompanyRegarding Vaio Trademark
Sony Kabushiki Kaisha (plaintiff), also known as Sony
Corporation, filed a cancellation request against Vaio
Trademark which was filed under the name of Susanti(defendant, resident of Jakarta). Plaintiff said that
defendant has filed this trademark without any permission
from them. Sony claimed that they are the only soleowner of Vaio trademark.
(Bisnis Indonesia, 11 February 2014)1

平成 26 年 6 月 12 日発行
インドネシア知財ニュース第 020 号<Indonesia> Philip Morris lost a trademark
Lawsuit in the Court<Indonesia> GS Cassation against Local
Entrepreneur

Phillip Morris Brand Sarl (plaintiff) failed to obtain“Clear” trademark from Japan Tobacco Inc. (defendant).
The panel of judges at the Commercial Court stated thatthe lawsuit regarding trademark cancellation which wasfiled by plaintiff is unacceptable. because the delegationof power to represent the plaintiff’s company isunacceptable for it contradicts the provision of thecompany’s statute/household budget.
(Bisnis Indonesia, 12 February 2014)

GS Yuasa Corporation (plaintiff) filed a cassation in
response to the Commercial Court result which is statedthat their lawsuit to the local entrepreneur Lusy
Darmawati Waluyo (defendant, owner of “Gold Shine”trademark) is unacceptable. This case begun when theplaintiff asked Directorate General of Intellectual
Property to cancel registration of “Gold Shine” trademarkand logo (IDM000131477-class 9), because the trademark
has similarity with trademark owned by GS Yuasa
Corporation (plaintiff) and because it was filed withhaving bad faith.
(Bisnis Indonesia, 25 February 2014)<Indonesia> Abdul AlexCounterclaim (Kopitiam Case)

Proposeda<Indonesia> Donald J. Trump Wins

Abdul Alex Soeliestyo (owner of Kopitiam trademark)proposed a counterclaim against Phiko Leo Putra (ownerof Lau’s Kopitiam trademark) and asked for acompensation in an amount of Rp. 8,68 billion. Abdul
Alex said that Lau’s Kopitiam trademark has caused an
unhealthy business competition and public will get
confused and think that these two trademarks have abusiness connection one to another.
(Binis Indonesia, 20 February 2014)

Commercial Court of Central Jakarta agrees to cancel
trademark “Trumps” in the name of Robin Wibowo (localentrepreneur, defendant) because it has similarity withwell-known name person mark owned by Donald Trump(plaintiff). Plaintiff already registered their trademark inIndonesia which is “Trump” No. IDM000275364 and“Donald Trump” trademark No. IDM000355706.
(Bisnis Indonesia, 26 February 2014)<Indonesia> Phillip Morris Filed a Cassation<Indonesia> Sana Trademark

Phillip Morris Product S.A filed a cassation at theCommercial Court of Central Jakarta against the decisionof Trademark Appeal Commission regarding the refusalof “Sense” trademark. Philip Morrise had previously filed
a cigarette trademark “Marlboro Sense” to the DGIPR on
4 June 2008 but it was later refused by DGIPR with thereason that there has been a “Sense” trademark which had
been filed earlier belonging to Djoemaidi Oetomo(registration No. 561026).
(Bisnis Indonesia, 21 February 2014)

Commercial Court of Central Jakarta agrees to delete
trademark “Sana” in the name of PT. Ambala Mas(defendant), because the trademarks has not used for threeyears consecutively and the defendant products neverbeen registered to Ministry of Health and BPOM (Foodand Drug Supervisory Bureau). The lawsuit is filed byKabushiki Kaisha Noveir (plaintiff- a Japanese company).
(Bisnis Indonesia, 26 February 2014)<Indonesia> Tommy Opposition Rejected<Indonesia> A Local Entrepreneur files ACassation against BMW

The Commercial Court of Central Jakarta refused
opposition lawsuit of Tommy Sulistyo (owner of“BMCampus” and “MMCampus” trademark) against
Teguh Handjoyo regarding “Campus” trademark.
Previously, Tommy files an opposition to the Commercial
Court of central Jakarta regarding the cancelation of theboth trademark.
(Bisnis Indonesia, 3 March 2014)

Henrywo Yuwijoyo Wong (a local entrepreneur, owner of“Body Man Wear” trademark) files a cassation to theSupreme Court after the Commercial Court of Central
Jakarta stated that he have to stop using his own
trademark related disputed of Germany automotive
company “BMW”. Previously, Bayerische Motoren
Werke Aktiengsellschaft (BMW, plaintiff) file a requestof trademark cancelation of “Body Man Wear” because itwas filed with having bad faith and the trademark has
similarity owned by the plaintiff.
(Bisnis Indonesia, 24 February 2013)<Indonesia> Atma Jaya files a Reconvention
Atma Jaya Catholic Indonesia University (defendant)files a reconvention against Yon Nofiar (plaintiff)2

平成 26 年 6 月 12 日発行
インドネシア知財ニュース第 020 号

regarding “CHRP” trademark in the Commercial Court ofCentral Jakarta. Defendant asks to the court to cancel
registration of plaintiff trademark. Defendant stated thatthey do not infringe plaintiff trademark because they havebeen conducting training with using “CHRP” mark since2006. Meanwhile, the plaintiff was filing the trademark
on 2008.
(Bisnis Indonesia, 5 March 2014)<Indonesia> Toyota Wins against DomesticEnterpreneur
Toyota Jidosha Kabushiki Kaisha (Toyota MotorCompany, plaintiff) wins against Heru Santoso (domesticentrepreneur, defendant) regarding trademark dispute of“Lexus” and L logo. Toyota claims as the only especiallyholder of “Lexus” trademark in Indonesia and also in theworld. Judges of the Commercial Court of Central Jakarta
perform the request of the plaintiff to cancel the entire
defendant trademark.
(Bisnis Indonesia, 14 March 2014)<Indonesia> Nidia Prima Sued Back
Itha Taher (defendant, owner of “OSO” trademark) withNo IDM000381548 class 32 sued back and asked forcompensation in amount Rp. 14,25 billion to PT. Nidia
Prima (plaintiff, owner of “OSONOUVEAU”).
Defendant stated that the plaintiff trademark was filedwith having bad faith, and using SNI (IndonesianNational Standard), and also registration Number fromBPOM (Supervisor of Drugs and Food Bureau) ofdefendant. Previously PT. Nidia Prima (part of OSO
Group owned by Oesman Sapta Odang) filed a request tocancel defendant trademark because using their name ofthe owner.
(Bisnis Indonesia, 7 March 2014)<Indonesia> Subway Trademark
Doctor’s Associate Inc. (plaintiff) sued Yohanes Wendy
Tjioe (defendant) to the Commercial Court of Central
Jakarta regarding “Subway” trademark. Plaintiff claims asa company from USA and owner of the one and only of“Subway” trademark which is already well known in thewhole world. This trademark already registered inIndonesia in 3 classes, IDM000368823 (class 30),IDM000368814 (class 32), IDM000281385 (class 43).
(Bisnis Indonesia, 14 March 2014)<Indonesia> Counterclaim of Atma Jaya is
expired<Indonesia> SMEs (UMKM) is being
encouraged to File Intellectual Properties

Counterclaim of Atma Jaya against Yon Nofiar regardingof CHRP trademark was considered to be expired because
CHRP trademark already registered for about 6 years.
According to the Article 69 item 1 of Laws No. 15 Year
2001 regarding Mark, lawsuit cancelation only can be
filed in 5 years from the registration date. CHRP
trademark has already registered since 26 August 2008
with IDM0000174842.
(Bisnis Indonesia, 12 March 2014)

SMEs in Sleman regency, Yogyakarta, is being
encouraged to register its products in order to obtaincertificate of intellectual property rights. RegionalSecretary of Sleman regency, Mr. Sumartono, said that byapplying for intellectual property rights, products createdby the society will have legal power and that it is very
important for the creative economy which is full of tightcompetitions.
He also stated that IP registration is a way to protect
intellectual properties by using legal instruments which
cover Copyrights, Patents, Trademarks, GeographicalIndications, Trade Secrets, Industrial Designs, Layout
Designs of Integrated Circuits, dan Plant Variety
Protection. He also mentioned that most of the people in
his area are still unaware about the importance of IPR for
their creative products or research results.
(Bisnis Indonesia, 20 March 2014)<Indonesia> Harman Wins against Djohan
Harman International Industries Incorporated (USCompany, plaintiff) which produce audio device andamplifier speaker, wins against Djohan Lili ( a localentrepreneur, defendant) regarding “dBX” trademark.
Judges of Commercial Court of Central Jakarta stated thatthe defendant having a bad faith when filling the “dBX”
trademark.
(Bisnis Indonesia, 13 March 2014)***3