The Supreme Court (MA) rejected Lie Senihian’s application for a review of promatsunaga’s trademark against Matsunaga Manufacturing Co.Ltd.
In his ruling, the panel of judges chaired by Takdir Rahmadi stated that the reason pk of Lie Senihian (applicant) could not be justified because ma did not make mistakes in the cassation verdict.
The judge said that Matsunaga brand belongs to Matsunaga Manufacturing Co. Ltd (respondent PK) since March 27, 1971 registered in Indonesia.
Matsunaga Manufacturing Co. Ltd. is a company in addition to producing stabilizers also producing wheelchairs domiciled in Japan. The company has a factory in Sanghai China.
Lie Senihian has products with Promatsunaga brand products sold in online stores in Indonesia in the form of stabilizer and transformer goods.
“The respondent since 1971 has been actively using the Matsunaga brand in its business activities and the pk applicant’s brand [Lie Senihian] has similarities in essence to Matsunaga’s brand so as to outwit consumers,” the judge said of the ruling file.
The judges decided the case on July 31, 2019 and uploaded it in the Directorate of Verdicts ma on December 11, 2019. As a companion judge, I Gusti Agung Sumanatha and Nurul Elmiyah.
With that in mind, the MA argued that the application for PK examination submitted by Lie Senihian was unwarranted so it should be rejected.
This case I have written in Bisnis Indonesia before, began when Matsunaga Manufacturing sued Lie Senihian in the Central Jakarta Commercial Court with the case No. 47/Pdt.Sus-HKI/Merek/2016/PN Pn.Jkt.Pst.
Lawsuit from Matsunaga Manufacturing Co. Ltd. on the grounds as the registrant and the first legal rights holder in Indonesia so that it has the sole or special right to use, manufacture and distribute goods under the Matsunaga brand for the type of goods in class 9.
The brand had a certificate with the number 098857 on March 27, 1971, extended based on brand certificate No. 156136 on April 30, 1981, was renewed under Brand Certificate No. 280300 on September 23, 1992 was renewed with brand certificate No. 515003 on September 23, 2002.
As for the name Matsunaga and M Logo listed on the brand certificate No. 186259 on October 4, 1984 and extended on October 4, 1994 with brand certificate No. 341940.
In addition, Matsunaga and the logo are certified brand No. IDM000503466 on February 9, 2012 is valid until February 9, 2022.
The plaintiff’s attorney, Michel Antonio Rako, said defendant Lie Senihian used a brand that had similarities to the pro Matsunaga brand and the logo with his client’s.
Pro Matsunaga Brand has been registered with the Directorate General of Intellectual Property with The No. IDM000491467 on March 6, 2013 and Matsunaga with No. IDM000443216 on December 21, 2012.
The plaintiff requested that the court order DJKI cancel the Lie Senihian brands in the official news of the brand.
As a defendant, Lie Senihian objected to a lawsuit from Matsunaga Manufacturing Co. Ltd. by filing an expei, with the content of the plaintiff does not have the capacity to file a cancellation claim because it is not the subject or interested party.
Another exception is Matsunaga Manufacturing not as an unregistered brand owner.
Nevertheless, the court in the ruling granted the plaintiff’s claim and ordered the defendants to submit and obey the court’s decision by canceling the registration of the defendant’s pro matsunaga brands and paintings.
Dissatisfied with the verdict, Lie Senihian filed a case with case No. 972 K/Pdt.Sus-HKI/2017 but again rejected by MA on September 12, 2017.
Although it has been rejected again the level of cassation, Lie Senihian did not give up. He filed for PK on January 17, 2018.
Lie had reason to file pk for creating and rightful owner of promatsunaga brand. The brand was registered with DJKI for class 9 stabilizer and transformer items on April 6, 2011 with a protection period of 10 years.
In pk memory the Matsunaga brand is the LS46OL brand on behalf of Toyota Jidosha Kabushiki Kaisha trading on behalf of Toyota Motor Corporation.
In addition, the idm000186259 brand extension issued by the Directorate of Brands for the Flagship brand on behalf of David Darma submitted and received on June 19, 2007 was registered on November 20, 2008.
Flagship brand in class 32 for mineral water goods, juice or juice drinks and other non-alcoholic beverages.