The Central Jakarta Commercial Court has rejected the lawsuit by InterContinental Hotels Corporation, against PT Lippo Tbk over the latter's use of Intercontinental as a brand for an apartment block. An earlier post with details is here. Below is a photo of the Jakarta InterContinental hotel.
The panel of judges indicated the brands were different in color, placement of the letters and the class of goods and therefore the use of Intercontinental by the defendant will not cause confusion. The plaintiff was unable to prove the defendant's bad faith in using the brand also.
An appeal will be filed, said the plaintiff.
These cases are often decided cautiously and cross class protection is difficult to obtain in Indonesia. Whilst the differing goods/services is arguable, one wonders how the marks can be seen as different, although it does not appear that the Defendant has started using the mark. A crucial issue is the evidence of bad faith; without clear evidence, a court is unlikely to be able to find for a plaintiff.
The panel of judges indicated the brands were different in color, placement of the letters and the class of goods and therefore the use of Intercontinental by the defendant will not cause confusion. The plaintiff was unable to prove the defendant's bad faith in using the brand also.
An appeal will be filed, said the plaintiff.
These cases are often decided cautiously and cross class protection is difficult to obtain in Indonesia. Whilst the differing goods/services is arguable, one wonders how the marks can be seen as different, although it does not appear that the Defendant has started using the mark. A crucial issue is the evidence of bad faith; without clear evidence, a court is unlikely to be able to find for a plaintiff.
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