Monday, August 5, 2013

Proving fame for niche brands

Some brands struggle to prove fame in courts of foreign countries. The Indonesian courts are inconsistent about how they apply the rules, or rather there are no clear rules; it is down to the judges. 

Yumi Katsura is a Japanese bridal couture designer who has been making wedding costumes for nearly 50 years. Her dresses appear in fashion shows around the world and she is seen as a leader in the Asian bridal and wedding industry. She has held events in Jakarta previously.

In a case earlier this year, Yumi Katsura failed in a bid to  cancel an identical mark in classes 25 and 44 at the Commercial Court of Central Jakarta.  Kabushi Kaisha Yumi Katsura (the plaintiff) sued PT Citra Mulia Jaya (defendant) to remove the mark. But the court held that the Japanese company could not prove their claim of well-known trademark.

Niche brands are always at risk, after all who knows if a judge is aware of the brand or even interested in the sector. Perhaps also certain countries may suffer unfairly due to the lack of news about their brands. Does Western dominated media in Asia may create an advantage for Western brands?


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