Four days ago, a friend of an intellectual property consultant sent me a Whatsapp message about news from one of the online media that explored the brand dispute experienced by artist Ruben Samuel Onsu.
"About this Bensu, so remember last year (2019) as a topic that we always obrolin," I reply to him, Sunday (14/06/2020).
"Yes ramenya is new now." That's the reply.
Since the supreme court's cassation decision that rejected Ruben Samuel Onsu's application spread and went viral on social media, it makes our memory back when the artist from Sarwendah's husband fought for bensu brand with Jessy Handalim starting from September 2018 to February 2019.
Before the issue of trademark grabs related to the sound of bensu names between Ruben Samuel Onsu and Benny Sujono became heated lately, the artist was in dispute in court against Jessy Handalim.
I followed from the beginning of the journey from start to finish for Bisnis Indonesiadaily. Article No. 48/Pdt.Sus-HKI/Merek/2018/PN Niaga Jkt.Pst was registered by Ruben Onsu on September 25, 2018.
Ruben sued with the content petitum that the abbreviation of the plaintiff's name Bensu is an abbreviation of the name of a famous person.
That way, according to him, Geprek Bensu is a well-known brand. In addition, he declares as a registrant of the Bensu brand and has the sole or special right to use the brand.
The latest lawsuit still in the lawsuit asks the court to declare bensu brand registered by the defendant with the No. IDM000622427 in class 43 was cancelled on behalf of Jessy Halim cancelled because it stands for her famous name as plaintiff.
Bensu from Jessy Handalim or Halim stands for Milk Workshop. Jessy is a resident who is located in Bandung, West Java.
Class 43 registered under the name jessy halim in the Directorate General of Intellectual Property (DJKI) includes a class of bar services, cafes, canteens, catering, renting chairs, tables, tablecloths, equipment made of glass, restaurants, self-service restaurants, cafeterias, eateries serving snacks and rental of drinking water dispensers.
In the agenda of the verdict, the court adjudicating Ruben Onsu's lawsuit was unacceptable on February 7, 2019.
Ruben's attorney, Minola As much told me that the Bensu brand on behalf of his client is a well-known brand.
So, said Minola, the first or first registration to file by Jessy Handalim to DJKI is not valid.
After the verdict, Former Director of Brand and Geographical Indication DJKI Fathlurachman said Ruben Onsul had bought Jessy Handalim's Bensu brand.
"The brand is now diverted [Jual beli merek dalam UU Merek] ," said Fathlurachman (27/6/2019).
The court battle wasn't over at Jessy Handalim alone.
Ruben Onsu also fought in court against Benny Sujono and Yangcent. There are at least 5 other things to fight bensu besides with Jessy Handalim.
The case related to Ruben Onsu is also still with the same parties. They took turns suing and suing each other.
The second case between PT Ayam Geprek Benny Sujono or Ayam Geprek Bensu (plaintiff) against Ruben Samuel Onsu (defendant).
Benny Sujono filed a lawsuit on August 20, 2019 with case No. 55/Pdt.Sus-HKI/Merek/2019/PN Niaga Jkt.Pst.
He demanded the court to punish the defendant to stop the production, distribution, or trade of goods and services of the Geprek Bensu brand food business or also called I Am Geprek Bensu by Ruben Onsu owned by the defendant.
This case ended with the verdict revoked by Benny Sujono on August 28, 2019.
The third case, Ruben Onsu sued Benny Sujono and DJKI as defendants on August 23, 2019 with registration No. 57/Pdt.Sus-HKI/Merek/2019/PN Niaga Jkt.Pst.
There is a difference of lawsuit from Ruben Onsu in this case in addition to stating as the first registrant and sole owner of the Bensu brand in Indonesia and has the sole right to use the brand.
Ruben declared the brand I Am Geprek Bensu Sedep Beneerrr + Painting, with registration No. IdM000643531 class 43 belongs to Benny Sujono has similarities in essence with his Bensu brand.
In a ruling on January 13, 2020, the panel of judges rejected Ruben Onsu's lawsuit in its entirety.
The court granted Benny Sujono's claim as a recontraction plaintiff by declaring the owner and the first legitimate user of the brand I Am Geprek Bensu Sedep Beneerrr + painting in DJKI.
The judge also tried the brand on behalf of Ruben Onsu has similarities with the brand PT Ayam Geprek Benny Sujono class 43 registration number IDM000643531.
There are 6 brands owned by Ruben Onsu that are listed in DJKI have similarities. Those brands include IDM000643590 received on August 24, 2017, IDM000643594 received 24 August 2017, IDM000643587 received on 31 August 2017, IDM000643595 received on 3 April 2018 and IDM000643589 received on 25 June 2018.
Ruben Onsu then filed a cassation and was defeated by the decision of the MA judge.
In the 4th case, Ruben Onsu sued Yangcent and the Directorate of Brands and Geographical Indications.
Article No. 56/Pdt.Sus-HKI/Merek/2019/PN Niaga Jkt.Pst was registered on August 23, 2019 at the Central Jakarta Commercial Court.
The tribunal again rejected the lawsuit and said Ruben Onsu's brand had similarities to the brand he was suing.
Ruben filed a case on January 20, 2020, but ma rejected the application. This cassation application went viral in the online mass media.
The 6th case of Benny Sujono sued Ruben Onsu on August 28, 2019 with case No. 58/Pdt.Sus-HKI/Merek/2019/PN Niaga.
Finally, Benny Sujono sued Ruben Onsu on February 28 with case No. 16/Pdt.Sus-HKI/2020/PN Jkt.Pst.
This case has additional claims and is slightly different from previous lawsuits.
Benny asked the court to sentence Ruben Onsu to stop any activities of making or producing, using, trading and distributing food or beverages from his business that uses wrapping city packaging with the industrial design rights of food packaging boxes.
The packaging box was registered with idd000049596 on July 20, 2018 in the name of Ruben Samuel Onsu.
In the case demanded that the court decide the plaintiff as the first party to make and produce the first design that introduces the design of the city's food or beverage packaging under the brand I Am Geprek Bensu Sedep Beneeerrr or commonly called I Am Geprek Bensu.
The matter is still on trial.