Keen Brand So Rebutan in Court and MA

Yanuarius Viodeogo

The long journey of a brand grab one of them had taken place in the commercial court of Central Jakarta between Keen Inc. and a businessman named Arif residing in tangerang city.

The U.S. footwear, footwear and accessories company is located at 515 NW 13th Avenue Portland, OR 97209. They gave power as plaintiffs to Hadiputranto's law firm, Hadinoto &Partners.

Meanwhile, his opponent is Arif, a garment entrepreneur domiciled in Taman Golf Tengah Blok FG/16, Modernland, RT001/RW014, Poris Plawad Indah Village, Cipondoh District, Tangerang City.

Arif gave his power to handle the matter to the law office of Turman M. Panggabean.

The length of the case has been for more than 3 years since November 5, 2015, from the commercial court level to the final level of the Review decided on September 5, 2018.

The case between them began when Keen Inc. sued Arif with case No. 71/Pdt.Sus-Merek/2015/PN Niaga Jkt.Pst.

In his lawsuit, as the plaintiff assessed as the sole holder of the Keen brand and the brand registered arif in the Directorate General of Intellectual Property (DJKI) has similarities with the brand.

Arif registered keen brand in DJKI and held certificate No. IDM000152638, IDM000096014, IDM000096012, IDM000152639, IDM000152467, IDM000096011, and IDM000096013.

Keen Inc's lawsuit asks the court to order DJKI to cancel Arif's brand from the public register.

On March 10, 2016, a commercial court judge ruled Keen Inc's lawsuit was rejected entirely and tried to pay the costs of the lawsuit.

Dissatisfied with the ruling, Keen Inc. tried its luck by filing a case with the Supreme Court (MA). This time, the application for cassation was granted by ma on September 8, 2016.

The decision of the MA in addition is to overturn the previous central Jakarta PN ruling and declare the plaintiff as the first user and sole legitimate owner of the Keen brand.

In fact, MA also tried to cancel the registration of brands belonging to defendant Arif from the general list.

Arif did not accept the verdict of the MA cassation and applied for a review, on October 10, 2017. He asked the court to overturn the cassation ruling and rejected the applicant's claim entirely.

In the review level, MA stated that the cassation level verdict by the ma judge panel had made a real mistake in its consideration.

The Supreme Court review of the defendant's brand was registered on January 16, 2008, while the plaintiff registered a cancellation lawsuit on November 3, 2015 so that it has passed 5 years in accordance with the provisions of article 69 paragraph (1) of Law No. 15/2001 on Brands.

Thus, the panel of judges adjudicating granted the review of the applicant and annulled the verdict of the cassation MA, in October 2018. The panel of judges was chaired by Yakup Ginting accompanied by Zahrul Rabain and Ibrahim.

Turman Panggabean said it was appropriate for the PK-level MA judge panel to decide the case by granting his client's application.

"It's appropriate and it meets the sense of fairness and our client's Keen and Keen Kids brands have been re-registered," Turman said.

He said brand registrars Keen and Keen Kids after his client had deserved to be removed from the brand's general listing so there was no dualism of ownership of either brand.

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