Monday, September 17, 2018

Indonesian Pierre Cardin case finally ends

Image result for images pierre cardin
The Indonesian litigation over the PIERRE CARDIN mark has finally come to a conclusion. See here for the previous reports. In 1974 the mark PIERRE CARDIN was registered in class 3 then later assigned to Alexander Satryo Wibowo.  The crux of the case was whether the case had passed the 5-year deadline for cancellation actions and the extent of the available evidence bask in the 1970s o prove bad faith. Alexander won at first instance and on appeal. 

Pierre Cardin filed a reconsideration appeal to the Supreme Court based on new evidence (novum). The Supreme Court rejected the appeal. The court did hear the new evidence submitted but rejected the case as being a repetition of the earlier case. 

Reconsideration appeals are always difficult. New evidence needs usually to be compelling. The problems in such cases usually begin with the earlier cases having insufficient evidence; the loss then becomes harder and harder to overcome over time. 

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