PT Eigerindo Multi Produk Industri (MPI) can breathe a sigh of relief after Budiman Tjoh’s application for cassation was rejected by the Supreme Court (MA) of The Republic of Indonesia in contesting EIGER’s trademark rights.
The panel of judges chaired by Yakup Ginting in his ruling said that he rejected the application for cassation from Budiman Tjoh with consideration of the Eiger brand proved to belong to Ronny Lukito as CEO of MPI.
The brand, the judge said in a ruling on March 17, 2020 stated Eiger is the name of the MPI company and has been used since 1970 and as a well-known brand.
“It turns out that between the plaintiff’s [MPI] Eiger brand and the defendant’s Eiger trademark [Budiman Tjoh] have similarities in sound (similarity in sound). If it is sounded in Indonesian, and in the writing is also the same,” said the judge from a copy of the verdict.
So said the panel of judges, in the market often consumers or users of the Eiger brand belonging to the plaintiff, fooled or misled with the brand Eiger belongs to the defendant because the same name gives the same impression in the mention.
The verdict was delivered by a panel of judges on March 17, 2020.
In addition, the results of the survey report on the circulation of goods with the Eiger brand on behalf of the defendant turned out that his business activities were in the field of cosmetics and the defendant did not produce goods with the Eiger brand in class 25 with the type of goods in the form of socks and belts.
Accompanied by other judges, Zahrul Rabain and Ibrahim, the tribunal said the registration address and correspondence of the defendant were not found any production and marketing activities, the application for brand registration with registration IDM000495808 and IDM000087029 class 25 was based on bad faith in his submission so it is appropriate to declare the registration of Eiger brand by the cassation applicant should be canceled.
The panel of judges also rejected the objections of the applicant regarding the assessment of the results of the award can not be considered in the examination of the cassation level because this level is only willing to adjudicate errors in the application of the law, violations of applicable laws, negligence in meeting the conditions required by the legislation.
Eiger brand dispute between MPI and Budiman Tjoh started from Ronny Lukito’s lawsuit as MPI’s corporate command to the Central Jakarta Commercial Court with case No. 41/Pdt.Sus.Merek/2019/PN Niaga Jkt.Pst on July 17, 2019.
MPI requested the court to order the cancellation of its brand registration with registration IDM000495808 and IDM000087029 in class 25 with the type of sock goods, belts (clothing) from the general list of brands directorate general of intellectual property (DJKI).
Legal Manager of PT MPI Handi Amijaya said that so far his clients can not use the Eiger brand on two products of socks and belts.
“This is because BT registered Eiger as a brand of socks and belts,” he said, of the release I received.
Objecting to the lawsuit, Budiman Tjoh and DJKI filed an exception that basically mentioned Ronny Lukito’s lawsuit is outdated or over time.
In the course of time, the lawsuit was granted entirely in court on October 28, 2019.
Not accepting the verdict, Budiman Tjoh filed a cassation on November 12, 2019, to overturn the court’s decision with case No. 375 K/Pdt.Sus-HKI/2020.