Analysis Of Trademark Disputes According To Law No. 20 Of 2016 Concerning Brand And Geographic Indications Between Geprek Bensu And I Am Geprek Bensu (Case Study Of Court Decision Number 57/PDT.Sus-HKI/Brand/2019/PN Niaga JKT-PST

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Trademark Dispute "Geprek Bensu" vs "I Am Geprek Bensu": Analysis of Court Decisions and Legal Implications

Introduction

In the world of trade, trademarks play a crucial role as an important identity for products or services. The significance of trademarks in business competition often leads to brand disputes. One such dispute that garnered public attention was between Ruben Samuel Onsu and PT Ayam Geprek Benny Sujono related to the brands "Geprek Bensu" and "I Am Geprek Bensu." This dispute led to Court Decision Number 57/PDT.Sus-HKI/Brand/2019/PN Niaga JKT-PST, which is an interesting case study.

Background of the Case

The dispute began when Ruben Samuel Onsu filed a lawsuit against PT Ayam Geprek Benny Sujono for the use of the name "Bensu" in the brand "I AM Geprek Bensu." Ruben Onsu claimed ownership of the "Geprek Bensu" brand, which had been registered with the Directorate General of Intellectual Property Rights (DJKI). PT Ayam Geprek Benny Sujono, in the lawsuit, stated that they had used the name "Bensu" in their Geprek chicken business and had registered the "I Am Geprek Bensu" brand at DJKI.

Analysis of the Court Decision

The decision of the Central Jakarta Niaga District Court in this case is significant because it tests the brand registration system in Indonesia and the applicable "first to file" principle. The brand registration system in Indonesia adheres to a constitutive system, which means that the right to the brand is obtained through registration. This implies that a brand that has not been registered does not receive legal protection and can be easily imitated by other parties.

In this case, the judge believed that PT Ayam Geprek Benny Sujono had registered the "I Am Geprek Bensu" brand first. This is in accordance with the principle of "First to File," which states that the party who first registered the brand is entitled to the brand. Therefore, the judge ordered DJKI to cancel the "Geprek Bensu" brand registered by Ruben Samuel Onsu.

Lessons from the Decision

This decision provides important lessons for business actors:

  • The importance of brand registration: Brand registration is an essential step to protect the rights to the brand and prevent legal disputes.
  • The principle of "first to file" must be understood: Anyone who registered the brand first is entitled to the brand, regardless of who used to use it in business activities.
  • Strong trademark: A strong trademark is not only based on registration but also in other aspects such as the use, promotion, and brand reputation in the market.

Conclusion

The "Geprek Bensu" vs "I Am Geprek Bensu" brand dispute is proof that brand disputes can occur in various fields, including culinary. The success in the brand dispute is not only determined by the strength of the brand itself but also how the legal strategy is applied to protect the rights of the brand. It is essential for business actors to understand the legal system related to trademarks in Indonesia in order to protect the rights to their brands and minimize the risk of disputes.

Recommendations

Based on the analysis of the court decision, the following recommendations can be made:

  • Business actors should prioritize brand registration: Registering a brand is an essential step to protect the rights to the brand and prevent legal disputes.
  • Understand the principle of "first to file": Business actors should be aware of the principle of "first to file" and ensure that they register their brand before others do.
  • Develop a strong trademark: A strong trademark is not only based on registration but also in other aspects such as the use, promotion, and brand reputation in the market.

Future Research Directions

This case study provides a valuable insight into the brand registration system in Indonesia and the applicable "first to file" principle. Future research can explore the following directions:

  • Comparative analysis of brand registration systems: A comparative analysis of brand registration systems in different countries can provide a deeper understanding of the strengths and weaknesses of each system.
  • Impact of brand registration on business competition: Research can investigate the impact of brand registration on business competition and how it affects the success of businesses.
  • Development of a strong trademark: Research can explore the factors that contribute to the development of a strong trademark and how businesses can leverage these factors to protect their brand.

Limitations of the Study

This case study has several limitations that should be acknowledged:

  • Limited scope: The study focuses on a single case and may not be representative of all brand disputes in Indonesia.
  • Limited data: The study relies on publicly available data and may not have access to all relevant information.
  • Limited generalizability: The findings of the study may not be generalizable to other countries or industries.

Conclusion

In conclusion, the "Geprek Bensu" vs "I Am Geprek Bensu" brand dispute provides valuable insights into the brand registration system in Indonesia and the applicable "first to file" principle. The decision of the Central Jakarta Niaga District Court highlights the importance of brand registration and the principle of "first to file." Business actors should prioritize brand registration, understand the principle of "first to file," and develop a strong trademark to protect their brand and minimize the risk of disputes. Future research can explore the comparative analysis of brand registration systems, the impact of brand registration on business competition, and the development of a strong trademark.
Trademark Dispute "Geprek Bensu" vs "I Am Geprek Bensu": Analysis of Court Decisions and Legal Implications

Q&A: Understanding the Trademark Dispute and Its Implications

Q: What is the significance of the trademark dispute between "Geprek Bensu" and "I Am Geprek Bensu"?

A: The trademark dispute between "Geprek Bensu" and "I Am Geprek Bensu" is significant because it tests the brand registration system in Indonesia and the applicable "first to file" principle. The decision of the Central Jakarta Niaga District Court in this case provides important lessons for business actors and highlights the importance of brand registration and the principle of "first to file."

Q: What is the principle of "first to file" and how does it apply in this case?

A: The principle of "first to file" states that the party who first registered the brand is entitled to the brand, regardless of who used to use it in business activities. In this case, the judge believed that PT Ayam Geprek Benny Sujono had registered the "I Am Geprek Bensu" brand first, which is in accordance with the principle of "first to file." Therefore, the judge ordered DJKI to cancel the "Geprek Bensu" brand registered by Ruben Samuel Onsu.

Q: What are the implications of the court decision for business actors?

A: The court decision has several implications for business actors:

  • The importance of brand registration: Brand registration is an essential step to protect the rights to the brand and prevent legal disputes.
  • The principle of "first to file" must be understood: Anyone who registered the brand first is entitled to the brand, regardless of who used to use it in business activities.
  • Strong trademark: A strong trademark is not only based on registration but also in other aspects such as the use, promotion, and brand reputation in the market.

Q: How can business actors protect their brand and minimize the risk of disputes?

A: Business actors can protect their brand and minimize the risk of disputes by:

  • Prioritizing brand registration: Registering a brand is an essential step to protect the rights to the brand and prevent legal disputes.
  • Understanding the principle of "first to file": Business actors should be aware of the principle of "first to file" and ensure that they register their brand before others do.
  • Developing a strong trademark: A strong trademark is not only based on registration but also in other aspects such as the use, promotion, and brand reputation in the market.

Q: What are the limitations of the study and what are the future research directions?

A: The study has several limitations, including:

  • Limited scope: The study focuses on a single case and may not be representative of all brand disputes in Indonesia.
  • Limited data: The study relies on publicly available data and may not have access to all relevant information.
  • Limited generalizability: The findings of the study may not be generalizable to other countries or industries.

Future research can explore the comparative analysis of brand registration systems, the impact of brand registration on business competition, and the development of a strong trademark.

Q: What are the key takeaways from the study?

A: The key takeaways from the study are:

  • The importance of brand registration: Brand registration is an essential step to protect the rights to the brand and prevent legal disputes.
  • The principle of "first to file" must be understood: Anyone who registered the brand first is entitled to the brand, regardless of who used to use it in business activities.
  • Strong trademark: A strong trademark is not only based on registration but also in other aspects such as the use, promotion, and brand reputation in the market.

By understanding the trademark dispute between "Geprek Bensu" and "I Am Geprek Bensu," business actors can protect their brand and minimize the risk of disputes.