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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