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Monday, October 8, 2012

Jakarta iStore infringement case


Tjandra Juliana is the Indonesian owner of a trademark 'iStore', Registration No. DN.000267176 dated 2 September 2010. Tjandra operates a computer and parts store specialising in Apple products under the name 'iStore' at Poins Square, South Jakarta.
 
After discovering an infringement, Tjandra sued PT BIG Global Indonesia for operating another shop under the name ‘iStore’ located at Ambassador Mall in Jakarta. The case was filed in the Central Jakarta District Court in early 2011.
 
The Central Jakarta decided on 4th August 2011 that PT BIG infringed Tjandra's trademark and ordered the defendant to pay Rp 10 million for each day of delay in implementing this decision. PT BIG appealed to the Supreme Court.
 
The Supreme Court decided that Tjandra is the rightful owner of the brand 'iStore' and the defendant had without right and without the consent of the plaintiff used the brand 'iStore'. The judges agreed that the mark is similar in principle to the plaintiff's trademark 'iStore', on January 31, 2012 (although the decision appeared in the media only recently).

IP Komodo is encouraged by the increasing number of IP infringement cases coming through the Jakarta courts. Although IP Komodo is not sure Apple would approve of the iStore website which pays tribute to the iMac desktop!

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