On well known mark grounds relied on by Toyota, the panel of judges ruled that Toyota failed to prove fame in the LEXUS mark. The court considered that overseas trade mark registrations for LEXUS were not sufficient since the plaintiff only submitted photocopies of the overseas certificates. There is a bad faith claim in the case, but the judges did not appear to decide on this.
Toyota had previously won a similar case to cancel a mark LEXUS for food products in which the court had decided the mark was well known.
This case highlights the importance of providing proper evidence when asserting well known mark. Without a precedent system, Indonesian courts are not bound by other rulings. All too frequently cancellation cases are filed with limited supporting documentation and insufficient evidence. The cost of losing is significant as these are full scale court litigation, and appeals are made harder if insufficient evidence or arguments are raised.