Another problematic trademark pirate case has ended up on the rocks. The Trademark Pierre Cardin is owned by one Alexander Satryo Wibowo in class 3 for personal care products.
The French fashion designer, Pierre Cardin started his own collection in
the early 1950s becoming successful in the 60s and 70s even designing for
Pakistan International Airline, and the Philippines National Dress Barong
Tagalog. Pierre Cardin France registered their own trademark in Indonesia in
2009 which (in an obvious error by the Trademark Office) is an identical mark
in the same class!
In 1977 an Indonesian produced clothing line was made under the
trademark Pierre Cardin and registered
in Indonesia by Wenas Widjaja. In 1985 it was assigned to Raiman and then later
to Eddy Tan and in 1987 from Eddy to Alexander. Pierre Cardin France filed a
lawsuit against Alexander. In his defence, Alexander claimed that the lawsuit
was out of time since cancellation must be brought within 5 years of
registration. There is an exception to
this which is cases of bad faith (which this case ought to have been.)
However the court found no clear evidence of bad faith. It is not
clear why; sometimes bad faith claims are made with no evidence. It ought to
have been easy to show but perhaps no evidence from 1977 was available. The
judges didn’t clearly say this but it is implicit that bad faith needs to be
proven at the time of application.
Alexander also owns hundreds of marks including CUCCI, CIANNI VERSORE, and GALENTINO all of which might seem familiar!
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