|Gudang Baru infringements|
|Gudang Garam product|
PR Jaya Makmur manufactured and sold its own clove cigarettes using the GUDANG BARU trade mark for several decades. They appeared in a pack similar to Gudang Garam Tbk's flagship product. PR Jaya Makmur's owner Ali Khosin has 2 registrations for pack designs from 2005 but these differed slightly from how he used the mark - his actual packs appeared much closer to Gudang Garam Tbk's. In December 2010 and March 2011, he received warning letters from PT Gudang Garam Tbk concerning the use of similar trade marks and logos.
|Gudang Baru marks|
So Gudang Garam Tbk filed a criminal complaint. The Prosecutor claimed that similarities in the shape, placement, and colour compositions, with only differences in how it is pronounced made this a criminal counterfeiting case. This led to a criminal trial and the first instance Kepanjen District criminal court and the Surabaya Court of Appeal decided to sentence Ali Khosin to 10 months imprisonment and a IDR 50,000,000 (USD3,800 fine for trademark infringement. Khosin filed a petition for reconsideration at the Supreme Court.
The Supreme Court upheld the appeal. Much of the appeal was on technicalities, whether the case qualified for a reconsideration appeal at all. However a dissenting opinion by of the Justices, Dr. H. Suhadi, S.H., M.H., was that the Accused's reconsideration appeal should be granted. Overall it looks like the right decision against a clear infringer on the merits however.