Wednesday, June 20, 2012

Indonesia - recent trademark cases

Toyota Motor Corporation has won yet another case in the Commercial Court of Central Jakarta. This time, the Japanese company cancelled the TOYOKO mark owned by local businessman Tjong Lie June. The grounds were similarity to the well known TOYOTA mark and bad faith. The Defendant however did not appear.
CBS Interactive sued to recover its GAMEPSOT trademark from a businessman called Lie Jong Wei who registered it and and used it on games stores around Indonesia (see left). After losing in the Commercial Court, the Supreme Court overruled the lower court and awarded judgment to CBS. The use of not only CBS's word mark but also the logo indicated bad faith by the registrant.

Kao Corporation sued PT Sintong Abadi to cancel its BIORF brand registered in class 3 for cosmetics and perfumes on the grounds of similarity to Kao's BIORE mark. However the Japanese cosmetics company lost the case in the Central Jakarta Commercial Court.

Japanese company Ichibanya Co., Ltd., won its trademark lawsuit to cancel the mark "Curry House and ICHIBANYA in kanji logo " against a local businessman at the Central Jakarta Commercial Court. Although the defendant did not appear, the court said he was clearly piggybacking on the fame of the plaintiff.

The Supreme Court has also rejected the appeal by the unsuccessful defendant against the Commercial Court's decision to cancel his Crocodile mark, in favour of the UK Chillington Tool Company. For details of the lower court decision see here.

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