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Tuesday, November 6, 2012

IKEA is a famous trademark in Indonesia

IKEA has been held to be a well-known mark by the Indonesian Supreme Court confirming the Central Jakarta Commercial Court's first instance decision.

PT Angsa Daya was sued by Inter Ikea Systems BV, over its IKEMA trademark registration. Inter Ikea Systems BV argued that the Defendant was in bad faith in registering the brand Ikema. There are no IKEA shops in Indonesia yet but PT Hero a local retailer has agreed to take on the franchise and open in 2014. 

The judges found that IKEMA is similar in principle to the famous IKEA brand. According to the Commercial Court of Central Jakarta there were visual similarities and important features in common in the dominant or essential elements of the Ikema and Ikea marks. The composition of the letters I, K, E and A are dominant and there are striking visual similarities between the two sets of letters. The Supreme Court agreed.

This is a welcome sensible decision by both courts.

 

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