JAKARTA — Godrej Mid East Holding Limited, an Indian-based manufacturer of Home and Personal Care filed a brand lawsuit to the Surabaya Commercial District Court (PN) so that the Directorate General of Intellectual Property (DJKI) crosses the Stella brand used by local businessman, Budi Wardana.
Godrej judged Budi Wardana to use the Stella brand because it is contrary to article 21 paragraph 1 letter a and paragraph 3 of the Brand Law No. 20/2016 about The Brand that the application for the brand in DJKI can be rejected if the brand has been registered by another party for goods or services.
The lawsuit from Godrej, has been filed to PN Niaga Surabaya with the case No. 26/Pdt.Sus-HKI/Merek/2018/PN Niaga Sby, on November 22, 2018.
From the Case Tracking Information System (SIPP), Godrej declared stella brand registration with registration No. IDM000191567, dated January 28, 2009 registration of defendants for class type item number 3 is void.
The number 3 item types in the brand classification system include preparations for whitening and washing, preparations for cleaning, shiny, removing fats, soaps, fragrances, sari oils, cosmetics, hair oils, dental maintenance ingredients.
Godrej ordered DJKI as a defendant to remove the Stella brand from the general list of brands in accordance with article 92 paragraph 1 of the Brand Law by providing the reason and date of cancellation or removal of the brand.
In addition, Godrej filed a lawsuit so that the court in its ruling ordered the defendant to announce the cancellation of the Stella brand with registration IDM000191567 in the official news of the brand, as stipulated in article 93 paragraph 3 of the Brand Law.
In addition to the request being crossed off the general list of brands, Godrej requested that the brand certificate of the defendant’s property no longer apply.
Director of Brand and Geographical Indications Kemenkum dan HAM Fathlurachman said, it behaved after waiting for the results of the decision.
“Yes there is such a lawsuit [dari Godrej kepada Budi Wardana] . So we’re just waiting for the verdict,” he said briefly.
From Godrej Indonesia’s page, the company acquired PT Megasari Makmur group engaged in home care, in 2010. With an investment of US$100 million, Godrej Indonesia built state-of-the-art facilities in Indonesia.
The flagship products in the Indonesian market, namely in addition to Stella for air fresheners, HIT as a household insecticide and Mitu in the care and baby wipes.
Stella brand pinned Godrej in addition to the spray tube, there are Stella Matic Parfumist and Stella Matic Regular are a technological atomizer matik, Stella Pocket Barthroom for bathroom refreshers, and Stella Car Vent for refreshers in the vehicle.
The efforts of Godrej Mid East Holding Limited, an Indian-based Manufacturer of Home and Personal Care sued the brand case to the Surabaya Commercial Court (PN) so that the Directorate General of Intellectual Property (DJKI) crossed the Stella brand on behalf of Budi Wardana was granted.
Based on the Case Tracking Information System (SIPP), the panel of judges granted godrej Mid East Holding Limited’s claim, on March 19, 2019.
The panel of judges, chaired by Anne Rusiana, granted the plaintiffs’ entire claim. “Declaring the brand of Stella belongs to the defendant is contrary to article 21 paragraph (1) letter a, article 21 paragraph (3) of the Brand Law and ordering the defendant (DJKI) stella brand,” said the judge in his decision warning, Tuesday (16/7/2019).
Godrej Mid East Holding’s attorney Lexyndo Hakim appreciated the court’s ruling because his client gained legal certainty while protecting the public from counterfeit brands.
“Of course it hurts the company, if there are other brands because mendompleng brands that have been registered is not good as well. With the verdict also, to protect consumers,” said Lexyndo, Thursday (18/7/2019).
He said, Stella brand has been registered Godrej since 1992 in the Directorate General of Intellectual Property (DJKI) in grade 3. However, he added, in the course of time appeared local entrepreneur Budi Wardana registered a similar brand in the same class.
“Automatically disturbed because it causes confusion from the community. It belongs to whom, now it’s clear who the brand belongs to. Moreover, there is no lawsuit from the defendant’s case,” he said. Bisnis Indonesia