A longstanding dispute highlights the difference between goods and
services and specifically retailing in infringement assessment. The Plaintiff PT Multicom Persada Internasional
owns the i BOX trademark registration in class 9 for computer peripherals and software.
The Defendant PT Data Citra Mandiri opened Apple product retail outlets in 20
locations in Indonesia under the name iBox. The Plaintiff sued for infringement
- details here. The Plaintiff claimed substantial
financial losses and intangible damage.
The Defendant requested the Central
Jakarta Commercial Court to dismiss the Plaintiff's claim due to errors in
their name and address in the claim. They also argued the marks and goods are
not similar. But the Central
Jakarta Commercial Court rejected the Plaintiff's case so they filed a
cassation appeal at the Supreme Court.
The Supreme Court has now rejected the
Plaintiff's appeal. The Panel of Justices found that despite the similarity in
pronunciation, both trade marks use different letters, shapes and are in
different classes. The class point is perhaps the most important althought these two could be considered connected channels of trade. Infringement cases are relatively rare so this kind of jurisprudence is useful to see.
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