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Journal articles on the topic 'Trademark Dispute'

Author: Grafiati

Published: 7 June 2025

Last updated: 2 August 2025

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1

Narwadan, Theresia Nolda Agnes. "Foreign Arbitration As The Only Recourse In Resolving Trademark Disputes In A Civil Manner, Criticism of Act Number 20 Year 2016 About Brands and Geographical Indications." Balobe Law Journal 4, no. 2 (2024): 119. http://dx.doi.org/10.47268/balobe.v4i2.2404.

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Introduction: Act Number 20 year 2016 on trademark and geographic indication opens up opportunities to resolve trademark disputes not only through the Commercial Court, but also to resolve disputes through the District Court.Purposes of the Research: The purpose of the study was to find a form of fair trademark dispute resolution. Conventionally, dispute resolution is usually done by litigation or dispute resolution before the court.Methods of the Research: Normative research is used to answer the formulation of problems regarding foreign arbitration as the only way to resolve trademark rights

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Nabila, Diah Damba, and Sanusi Sanusi. "PROTECTION FOR REGISTERED TRADEMARK UNDER INDONESIAN LAW AND THE WTO AGREEMENT ON TRADE-RELATED ASPECTS OF INTELLECTUAL PROPERTY RIGHTS (TRIPS)." Student Journal of International Law 3, no. 2 (2023): 132–47. https://doi.org/10.24815/sjil.v3i2.24121.

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This study examines the legal protections available to registered trademarks, specifically focusing on trademark violations with reference to the Warkop DKI and Warkopi cases. The normative method is employed to explore the normative issues surrounding registered trademarks. The findings indicate that the legal protection of trademarks in Indonesia follows a repressive approach that aligns with the provisions of the TRIPS Agreement. In Indonesia, trademarks receive protection after being registered under the Indonesian Trademark Law of 2016. The trademark disputes between Warkop DKI and Warkop

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3

Anand, Jahnavi. "Trademark Disputes And Role Of Arbitration." Asia Pacific Law & Policy Review 08 (2022): 01–07. http://dx.doi.org/10.55662/aplpr.2022.801.

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Tangible assets have been considered an essential resource for the growth of a business and were given utmost importance all over the world. Until the time the importance of intangible assets came into existence. It took over a decade or two to realize the importance of intangible assets and ultimately it led to the development of intellectual property laws. Intellectual properties in simple terms reflect any property, which is created with the person’s intellect that is to say; through a person’s mind. Intellectual Properties include Trademarks, Copyrights, Patents, Trade Secrets etc… Tradema

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Urbanisasi, Urbanisasi, and Hartaty Halim. "Case Study of Geprek Bensu Franchising Disputes from Intellectual Property Legal Perspective." Edunity Kajian Ilmu Sosial dan Pendidikan 2, no. 10 (2023): 1128–34. http://dx.doi.org/10.57096/edunity.v2i10.135.

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A trademark dispute between Benny Sujono and Ruben Onsu regarding the use of the name "Bensu" in their brand led to a dispute over trademark ownership rights. Benny Sujono, the original owner of the "I Am Geprek Bensu" brand, sued Ruben Onsu at the Central Jakarta Commercial Court regarding the use of the "Bensu" frill in the "Geprek Bensu" brand owned by Ruben Onsu. This dispute reflects the importance of protecting intellectual property rights, including trademarks, in the business world. This case involves a court and a legal process that will determine the ownership rights of the "I Am Gep

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Hukamawati, Dinartika, and Arifah Fibri Andriani. "ANALISIS PENERAPAN ARM’S LENGTH PRINCIPLE PADA TRANSAKSI PEMBAYARAN ROYALTI ATAS PEMANFAATAN MEREK DAGANG (TRADEMARK) KEPADA PERUSAHAAN AFILIASI." INFO ARTHA 4 (May 24, 2017): 1–18. http://dx.doi.org/10.31092/jia.v4i4.34.

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Trademark is a unique marketing intangible. It does not only involve the expenses of marketing, advertising, and promoting, but the reputation of the trademark's owners also takes part in the development of trademark. Many parties involve in the development of trademark. In the context of transfer pricing, these parties entitle to some compensation. And arm's length principle must be applied to determine the reasonable compensation for the use of trademark. Transaction payment of royalties on trademarks is subject to taxes.The taxation of transactions payment of royalties on the use of the tra

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Yustika Nainggolan and Asep Iwan Iriawan. "JANGKA WAKTU PUTUSAN KASASI NOMOR.006/K/PDT.SUS-HKI/2021 TENTANG SENGKETA MEREK ANTARA PT. SUPRA TERATAI METAL MELAWAN PT. WIHARTA PRAMETAL." Reformasi Hukum Trisakti 5, no. 4 (2023): 1376–86. http://dx.doi.org/10.25105/refor.v5i4.18636.

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Trademarks are used to identify or recognize the origin of goods and services. Several factors can trigger trademark disputes. This research discussing how the judges consider the legal aspects when examining and deciding trademark cases between PT Supra Teratai Metal and PT Wiharta Prametal, and what the legal consequences are if the cassation application in the trademark dispute exceeds the cassation time frame based on the applicable law. This research type is normative legal research, with qualitative data processing, a descriptive research nature, and deductive conclusions. The results of

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Septiani, Berlianda Ester, Saidin, and Aflah. "Tinjauan Yuridis Sengketa Persamaan Merek Antara Starbucks Corporation Melawan PT Sumatra Tobacco Trading Company (Studi Putusan Pengadilan Negeri Niaga Nomor 51/Pdt.Sus/Merek/2021/PN Niaga JKT.PST. dan Putusan Mahkamah Agung Nomor 836K/Pdt.Sus-HKI/2022)." Acta Law Journal 2, no. 1 (2023): 42–56. http://dx.doi.org/10.32734/alj.v2i1.15634.

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Brands provide a distinctive feature for goods or services of a company with goods or services of other similar companies, so brands are important for business people. The problems that will be discussed in this study are the protection of trademark rights holders according to Law Number 20 of 2016 concerning Trademarks and Geographical Indications, the process of resolving disputes over trademark equality in Indonesia, as well as legal analysis of trademark dispute decisions in the Commercial District Court Decision Number 51/Pdt.Sus/Merek/2021/PN Niaga Jkt. Pst. and Supreme Court Decision Nu

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Trixie, Ivana, and Urbaniasi Urbaniasi. "Use of Similar Trademarks According to Law Number 20 of 2016 Concerning Trademarks and Geographical Indications (Case Study of Supreme Court Decision Number 162K/Pdt.Sus-HKI/2021)." AURELIA: Jurnal Penelitian dan Pengabdian Masyarakat Indonesia 2, no. 2 (2023): 1156–61. http://dx.doi.org/10.57235/aurelia.v2i2.643.

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In this modern era, people's creativity is growing rapidly, this has led to the birth of innovative products. To be able to distinguish these products are usually called trademarks. The research method used is juridical-normative and literature approach. Trademarks are the essence of the smooth trading of goods or services. In accordance with the trademark system in Indonesia according to the National Legal Development Agency (BPHN), namely the first to file principle system, meaning that the owner of a trademark license registers his trademark with the Director General of Intellectual Propert

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Adiputra, I. Gede Mahendra Juliana, Ida Ayu Putu Widiati, and Ni Made Puspasutari Ujianti. "Penyelesaian Perkara Pelanggaran Hak atas Merek." Jurnal Preferensi Hukum 1, no. 2 (2020): 67–71. http://dx.doi.org/10.22225/jph.1.2.2343.67-71.

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The existence of competition causes the original brand owner to feel disadvantaged because the sales result has decreased. It is permissible for someone to use another party's mark as long as they ask permission from the trademark owner first. The owner can give trademark rights to other people as agreed in an agreement. The formulation of the problem in this research is as follows: how is the legal protection of trademark rights and how to resolve violations of trademark rights. The research method used in this research is normative legal research. The results of the discussion in this study

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Hosaya Liunda, Sheren Agapena, and Christine S.T. Kansil. "The Legal Protection and Responsibility of the Directorate General of Intellectual Property in the Biostime Hong Kong Trademark Dispute." Jurisprudensi: Jurnal Ilmu Syariah, Perundang-Undangan dan Ekonomi Islam 17, no. 1 (2025): 32–46. https://doi.org/10.32505/jurisprudensi.v17i1.10002.

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This study aims to analyze the legal protection of the famous Biostime trademark registered by Biostime Indonesia under Law Number 20 of 2016 on Trademarks and Geographical Indications, as well as to examine the responsibility of the Directorate General of Intellectual Property in handling the trademark dispute. The methodology of this research is categorized as normative legal research with legislative, conceptual, and historical approaches. This article uses an analysis of applicable regulations, trademark protection theories, and legal practices in resolving trademark disputes in Indonesia.

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Cheng, Ming. "The Legal Practice of Trademark Dilution Theory in Protecting Brand Value in China." Advances in Economics, Management and Political Sciences 66, no. 1 (2024): 206–11. http://dx.doi.org/10.54254/2754-1169/66/20241231.

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Trademark dilution theory aims to further develop and protect the trademark's own value and its new function, and to provide protection for well-known trademarks on non-identical or non-similar goods. Trademark dilution theory has not yet been systematically and clearly stipulated in Chinese trademark law, but it has increasingly become the basis for references and judgments in the cross-class protection of well-known trademarks. This paper explores and summarizes the novel function of trademarks in protecting brand value through the methods of literature research and theoretical study, citing

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12

Kartiko, Nafis Dwi, Samuel Putra Soegiono, Mohammad Syafi'ur Rohman, Dave David Tedjokusumo, and Carissa Amanda Siswanto. "Dispute Resolution Of "Supreme" Brand Rights." Jurnal Hukum dan Sosial Politik 2, no. 3 (2024): 42–52. http://dx.doi.org/10.59581/jhsp-widyakarya.v2i3.3246.

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In an era of globalization that has a significant impact on industry and commerce, trademark rights disputes are a crucial issue that needs serious attention. One trademark rights dispute that has attracted attention is the case of "Supreme," which is the focus of this study by detailing the Review Decision Number 37 PK/PDT. SUS-HKI/2023. This dispute involves companies with the trademark "Supreme," and its resolution has an important impact on trademark law in Indonesia. This research aims to dig deeper into the resolution of trademark rights disputes through these case studies. Analysis of c

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13

Belliana Herlina and Christine Kansil. "The Responsibility of the Directorate General of Intellectual Property in Resolving the Trademark Dispute Over 'Tempo Gelato'." Journal of Law, Politic and Humanities 5, no. 1 (2024): 158–68. https://doi.org/10.38035/jlph.v5i1.895.

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The Law Number 20 of 2016 concerning Trademarks and Geographical Indications aims to provide clear legal protection for legitimate trademark owners. A legitimate trademark owner is the person who first registers their trademark or service mark. In practice, conflicts often arise due to unilateral trademark registrations. This study focuses on the trademark dispute case of Tempo Gelato, where one party in a business partnership registered the trademark without the consent of the original owner. The Directorate General of Intellectual Property Ministry of Law and Human Rights Republic of Indones

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14

Junaidi, Hodriani, and Reh Bungana Beru Perangin-angin. "Plagiarism Trademark Dispute between Ms Glow and Ps Glow." Digest: Journal of Jurisprudence and Legisprudence 5, no. 1 (2024): 1–32. https://doi.org/10.15294/digest.v5i1.7032.

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In the realm of business and competitive markets, branding plays a crucial role. A brand serves as a key identifier with the primary goal of distinguishing an entrepreneur's products from those of competitors. This article examines the trademark dispute between MS Glow and PS Glow, revealing two different rulings from the same legal case, specifically the cancellation of a trademark. The differing interpretations of the Trademark and Geographical Indications Law by the judges have raised concerns, prompting scrutiny of the clarity in the application of trademark law in Indonesia. This research

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Saputra, Angga. "TRADEMARK GUDANG GARAM VERSUS GUDANG BARU." ANAYASA : Journal of Legal Studies 1, no. 1 (2023): 31–40. http://dx.doi.org/10.61397/ays.v1i1.7.

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The purpose of this study is to analyze the issue of trademark rights disputes between Gudang Garam and Gudang Baru regarding the name and logo of a painting or picture. The dispute is related to the brand name and the painting displayed on the New Warehouse product. The approach used in this study is qualitative, with case studies being the method used by researchers. The things that will be examined in this research are related to the trademark dispute rights regulation between Gudang Garam and Gudang Baru and both the content and legal considerations of the judges in the trademark dispute r

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16

Elsa Savira, Runtung, Agus Sardjono, and Jelly Leviza. "Principle of National Treatment in Applying Trademark Registration in Indonesia." Journal of Finance and Business Digital 2, no. 2 (2023): 181–92. http://dx.doi.org/10.55927/jfbd.v2i2.4910.

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One of the basic principles adopted in the TRIPs Agreement is the principle of national treatment, In general, this principle of national treatment states that foreigners will get the same treatment as the treatment given by a country for its own citizens. This research uses normative juridical research methods with a descriptive type of research. Meanwhile, data analysis is used normative legal research (legal research). Principle National Treatment in International Law Rules Related to Trademarks National Treatment set on Trademark Law Treaty and Paris Convention Application of Principles Na

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17

Richie Fernando and Gunawan Djajaputra. "IMPLEMENTATION OF GOTO TRADEMARK PROTECTION BASED ON THE PRINCIPLE OF “SUBSTANTIAL SIMILARITY”." Bengkoelen Justice : Jurnal Ilmu Hukum 15, no. 1 (2025): 17–43. https://doi.org/10.33369/jbengkoelenjust.v15i1.40593.

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Trademark protection is a crucial aspect of intellectual property law, aimed at safeguarding trademark owners and preventing consumer confusion. This study analyzes the implementation of the "substantial similarity" principle in a trademark dispute case involving the registered trademark owner "GOTO" against similar trademark variations, such as "goto" and "Goto Financial." Using a normative approach, this research evaluates trademark infringement based on visual, phonetic, and conceptual similarities, which may cause confusion and potential loss to the actual trademark owner. The findings ind

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Sifa, Sifa Fauziah, and Rani Apriani. "Consequences And Resolutions Of The Ms Glow Vs Ps Glow Trade Brand Dispute." Supremasi Hukum : Jurnal Penelitian Hukum 33, no. 1 (2024): 54–64. http://dx.doi.org/10.33369/jsh.33.1.54-64.

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Trademarks are in the form of images, logos, names, words, letters, numbers, color schemes, two and/or three dimensions, sounds, holograms, or a combination of them. The above factors are to distinguish goods and/or services produced by individuals or legal entities in order to trade goods and/or services. The existence of the trademark system aims to prevent the occurrence of trademark disputes between trademark owners. This study aims to explain the settlement of trademark disputes analyze the legal consequences of the decision number 2/Pdt.Sus.HKI/Merek/2022/PN Niaga Sby Jo. Supreme Court D

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Rusmana, Dodi. "Ownership Dispute Resolution Brand Ownership Rights In Indonesia." Interdiciplinary Journal and Hummanity (INJURITY) 2, no. 4 (2023): 269–77. http://dx.doi.org/10.58631/injurity.v2i4.58.

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Brand rights are one part of intellectual property rights that have an important role in the business world of trading of goods and services, especially in maintaining healthy business competition. The research method in this writing uses a normative juridical type of research. Normative legal research is also called literature law research. The approach used in this study is the Statue Approach method. The results of this research include the settlement of brand disputes can be resolved in two ways, namely through litigation and non-litigation. Judges are expected to have the ability to trans

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Muhammad Anwar Ibrahim, Gema Permana Rahman, and Taufiqurrohman Syahuri. "Peranan Pengadilan Tata Usaha Negara Dalam Penyelesaian Sengketa Merek." Eksekusi : Jurnal Ilmu Hukum dan Administrasi Negara 2, no. 1 (2023): 45–55. http://dx.doi.org/10.55606/eksekusi.v2i1.786.

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As time goes by and the development of law in Indonesia, the trademark has become a symbol that has been integrated in the life of society. Given the importance of a brand, the brand must get a protection from each country. Protection of a trademark in Indonesia is regulated in Act No. 20 Year 2016 on Trademarks and Geographical Indications, one of the materials regulated in the Act is about the settlement of trademark disputes. The settlement of trademark disputes is resolved by two judicial bodies, namely the Commercial Court and the State Administrative Court. This research uses a normative

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21

Zhao, Wenrui, and Wenjing Zhao. "The Construction of the Balancing Mechanism of Trademark License Interests." Lecture Notes in Education Psychology and Public Media 73, no. 1 (2024): 76–83. http://dx.doi.org/10.54254/2753-7048/73/20241045.

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Abstract: The trademark licensing system is an important system stipulated by the Trademark Law. How to allocate the added value during the trademark licensing process between the trademark licensor and the licensee, and how the licensee compensates or compensates the trademark licensor for the depreciation of the trademark value, are not stipulated in the Trademark Law and are legal gaps. Starting from the "Wang Lao Ji" trademark dispute case and the "Red Bull" trademark dispute case, studying how to construct a mechanism for balancing the interests of both parties after the termination of th

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Egia Nuansa Pinem, Lompoh, and Ni Luh Dwik Suryacahyani Gunadi. "Analisis Penyelesaian Sengketa Terhadap Hak Merek Atas Putusan Geprek Bensu Melawan I Am Geprek Bensu." Jurnal Pacta Sunt Servanda 2, no. 1 (2021): 24–35. http://dx.doi.org/10.23887/jpss.v2i1.452.

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   In Indonesia, there are two forms of dispute resolution over Intellectual Property Rights. The first is through the litigation channel and the second is through the Non-Litigation route. Regarding trade disputes over trademark rights, the resolution is also through these two channels. This research specifically examines the settlement of trademark disputes between Geprek Bensu and I Am Geprek Bensu based on Law Number 20 of 2016 concerning Trademarks and Geographical Indications. This research uses research methods of normative law which is carried out through the collecti

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23

Joshua, Mishael, Gunardi Lie, and Moody Rizqy Syailendra Putra. "Analysis of Trademark Dispute Cases of PT. Gudang Garam and Gudang Baru." QISTINA: Jurnal Multidisiplin Indonesia 2, no. 1 (2023): 559–62. http://dx.doi.org/10.57235/qistina.v2i1.536.

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This writing aims to discuss trademark disputes between Gudang Garam and Gudang Baru regarding image names and logos. The problem that arises is a dispute over the brand name and image displayed on the new Warehouse product. Indonesian law regulates two ways to deal with Intellectual Property Rights (IPR) issues, either through a judicial process (litigation) or through a process outside the court (non-litigation). Laws relating specifically to intellectual property rights, viz. HaKi. Brand Law No. 20 of 2016, regulates trademark protection. What is studied in this study is related to the sett

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Susanto, Maurend Benaya Immanuel, Gunardi Lie, and Moody Rizqy Syailendra Putra. "Legal Analysis of the IKEA Trademark Removal Dispute Case (Study of Decision Number 165 PK/Pdt.Sus/2012)." QISTINA: Jurnal Multidisiplin Indonesia 2, no. 1 (2023): 563–66. http://dx.doi.org/10.57235/qistina.v2i1.537.

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Brands have an important function for their owners, especially in the era of global trade. Trademarks provide an indication of the origin and quality of the goods or services traded. Trademark owners have the exclusive right to authorize or prohibit others from using the same or similar trademarks as theirs. Indonesia uses a constitutive registration system, in which exclusive rights are given to registered marks. Trademark applicants may not register the same mark as another well-known trademark. Registered trademark must be used. Trademark cancellation is carried out when the brand has not b

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Rahmayani, Rahmayani, and Beby Sendy. "Legal Protection of the Bensu in Trademark from an Intellectual Property Perspective (Case Study of Central Jakarta District Court Decision 57/Pdt.Sus-Hki/Mark 2019/Pn Niaga Jkt.Pst)." JIM: Jurnal Ilmiah Mahasiswa Pendidikan Sejarah 10, no. 1 (2025): 220–28. https://doi.org/10.24815/jimps.v10i1.33951.

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Trademark disputes reflect one of the intellectual property law conflicts that have attracted widespread attention in Indonesia. One of them is the Bensu trademark dispute involving Ruben Samuel Onsu, a public figure and PT Ayam Geprek Bensu Sujono, a business entity that claims exclusive rights to use the name "Bensu". The dispute is in the spotlight because it not only concerns the formal legal aspects related to trademark registration, but also considers the concept of first use and good faith in conducting business. In addition, the complexity of this case provides an overview of how trade

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Fauzan Rayendra, Fadhil, and Fokky Fuad. "Legal Protection for Foreign Trademark Holders in Indonesia (Supreme Court Decision No. 281 K/Pdt.Sus-HKI/2020)." Daengku: Journal of Humanities and Social Sciences Innovation 4, no. 6 (2024): 1019–27. https://doi.org/10.35877/454ri.daengku3101.

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This article discusses the legal protection of foreign trademarks in Indonesia, with a focus on a case decided by the Supreme Court in Decision Number 281 K/Pdt.Sus-HKI/2020. In the era of global trade, trademarks have become one of the key elements in maintaining commercial competitiveness. Indonesia has implemented legal protection as stipulated in Law Number 20 of 2016 concerning Trademarks and Geographical Indications. This article analyzes how the rights of foreign trademarks can be protected and the legal considerations used by judges in trademark dispute cases. One of the main highlight

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Sania Akalila Putri Thahir, Rika Ratna Permata, and Ranti Fauza Mayana. "Tinjauan Hukum Terhadap Putusan Kasasi Mahkamah Agung Nomor 836K/PDT.SUS-HKI/2022 Mengenai Sengketa Merek Antara Starbucks Corporation Dan PT Sumatra Tobacco Trading Company." Birokrasi: JURNAL ILMU HUKUM DAN TATA NEGARA 1, no. 3 (2023): 186–97. http://dx.doi.org/10.55606/birokrasi.v1i3.581.

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The registration of trademarks with the “first to file” constitutive system, adopted by Indonesia, is often abused by trademark owners with malicious intent by first registering their trademarks that are similar to well-known trademarks, knowing that the well-known trademarks have not been registered in Indonesia. This was the case with the “Starbucks” trademark owned by Starbucks Corporation in Decision Number 836 K/Pdt.Sus-HKI/2022. Starbucks Corporation filed a lawsuit for the cancellation of “Starbucks” trademark in class 34 owned by Sumatra Tobacco Trading Company on the grounds of simila

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Cherniak, O. "Ways of protecting trademark rights in Ukraine Ways of protecting trademark rights in Ukraine." Analytical and Comparative Jurisprudence, no. 2 (May 11, 2024): 255–61. http://dx.doi.org/10.24144/2788-6018.2024.02.44.

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The article deals with the issue of ways to protect trademark rights in Ukraine. The author analyzes the issue of protection of trademarks in the European Union by applicants from Ukraine. The experience of specialized judicial bodies in the consideration of cases related to intellectual property legislation (inventions, trademarks, industrial designs, geographical indications, unfair competition, copyright, traditional knowledge, etc.) is considered, which is useful not only for the right holders of this kind, and for society as a whole. It is determined that in Ukraine there are the followin

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Lucia Samosir, Rika Ratna Permata, and Aam Suryamah. "Pengkajian Penerapan Prinsip Iktikad Tidak Baik dalam Pendaftaran Merek pada Sengketa Merek “C+Logo”." Jurnal Hukum dan Sosial Politik 3, no. 2 (2025): 195–205. https://doi.org/10.59581/jhsp-widyakarya.v3i2.5194.

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The advancement of information technology has driven the growth of the creative industry, which heavily relies on intellectual works, one of which is trademarks as part of the Intellectual Property Rights regime. A trademark not only serves as a product identity but also as a marketing tool and a determinant of reputation. However, in practice, legal issues often arise, particularly related to the registration of trademarks by parties acting in bad faith and having substantial similarities with previously registered trademarks. This research analyzes the Application of the Principle of Bad Fai

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Liansah, Irene, and Heru Sugiyono. "Legal Certainy in Resolving Trademark Disputes Involving Subtantial Similarities to Registered Trademarks of Other Parties." Journal of Law, Politic and Humanities 5, no. 5 (2025): 3488–95. https://doi.org/10.38035/jlph.v5i5.1958.

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The increasing number of trademark registrations in Indonesia reflects a growing awareness among business actors regarding the importance of legal protection for product or service identity. However, this trend also triggers legal disputes, particularly when a newly registered trademark bears substantial similarity to an existing registered trademark. This study aims to analyze the resolution of trademark disputes involving substantial similarities to registered trademarks of other parties, and to examine the legal certainty surrounding such dispute resolution through trademark cancellation la

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Dhingra, Jayems. "Remedy for Trademark Infringing Domain Names and Counterfeits." Journal of World Trade 57, Issue 4 (2023): 643–62. http://dx.doi.org/10.54648/trad2023025.

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Ecommerce domains with names centred around inappropriate or unauthorized use of the trademarks of reputed and successful entities are the most accessible modes of infringement. Under the Uniform Domain Name Dispute Resolution Policy (UDRP), the only remedy for the trademark proprietors and intellectual property rights (IPR) owners is, to register a complaint with either World Intellectual PropertyOrganization (WIPO), or the regional Domain Name Dispute Resolution Centres, for the transfer or deletion of the disputed domain. In the present era of borderless online marketplace platforms and eco

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Pearl, Keegan. "Revoking Trademark Consent: Can It Be Done?" SMU Science and Technology Law Review 26, no. 2 (2023): 383. http://dx.doi.org/10.25172/smustlr.26.2.6.

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In 2022, Dallas Mavericks guard, Luka Doncic, was engaged in a quiet, albeit significant legal dispute with his mother. The dispute centered around Doncic’s attempt to register a new trademark to use for various goods and services. Doncic, however, previously gave his mother consent to use his name and likeness for a similar trademark, which was officially registered in 2018. Due to the likelihood of confusion, and his mother’s unwillingness to cede her rights in the outdated mark, Doncic was prevented from registering his new mark. Thus, Doncic filed a cancellation petition with the USPTO, wh

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Hartati, Margaret. "Impact and Resolution of Franchise Disputes: Review of Legal Cases and Alternative Dispute Resolutions for Franchise Brand Rights." QISTINA: Jurnal Multidisiplin Indonesia 2, no. 2 (2023): 1086–92. http://dx.doi.org/10.57235/qistina.v2i2.886.

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This study aims to analyze the impact arising from disputes in the franchise industry, with a focus on disputes related to trademark rights deviation. In order to understand the complexity of these disputes, this study involves reviewing legal cases involving parties in franchise relationships and identifying the types of infringement that are common in relation to franchise trademark rights. In addition, this study also analyzes alternative dispute resolution that can be used to resolve conflicts between franchisees and franchisors. In this analysis, alternative dispute resolution such as med

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M., Iqbal Simatupang1, and Rahayu. "Comparison of First to File Doctrine and Trademark Dispute Settlement Mechanism in Indonesia and the United States." International Journal of Social Science and Human Research 04, no. 07 (2021): 1617–27. https://doi.org/10.47191/ijsshr/v4-i7-04.

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The research explained comparatively the application of the first to file doctrine and the trademark dispute settlement mechanism in Indonesia and in the United States. The purpose of this research was to provide a broad explanation of the application of the first to file doctrine and provide an overview of the mechanism for settling the problem of infringement of trademark rights. This study used a normative juridical research method with a statutory approach (Statute Approach) accompanied by a Comparative Approach, the data used was secondary data. Based on the research results, it was known

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Musthafa, Annas Rasid, Satriya Aldi Putrazta, and A’an Efendi. "Legitimacy of The CJEU In the Settlement of Trade Mark Disputes of Non-European Union Foreign Companies: A Case Study." Lampung Journal of International Law 5, no. 2 (2023): 129–40. http://dx.doi.org/10.25041/lajil.v5i2.3206.

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Protection of Intellectual Property Rights(IPR) in the industrial world is an urgency for companies to maintain popularity in the general public, Especially on the use of trademarks that greatly affect consumer perceptions. One of the problems in trademark protection is the existence of dispute resolution through court under a supranational organization, namely The Court of Justice of The EU(CJEU), which adjudicates foreign companies originating from non-EU countries. The case is a trademark dispute between China Construction Bank Corp from China and Groupement des cartes bancaires from France

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Widiatmika, Rai, A. A. A. Ngr Sri Rahayu Gorda, I. Gede Agus Kurniawan, and Syed Muhammad Huzaif. "The Problems Related to Potential Trademark Rights Infringement: Construction in Inclusive Legal Perspective on Unregistered Marks." Jurnal Dinamika Hukum 23, no. 3 (2023): 499. http://dx.doi.org/10.20884/1.jdh.2023.23.3.3724.

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In the current era of globalization and modernization, trademarks play a crucial role in distinguishing products or services in the market. Valid and protected trademark rights are valuable assets for their owners. However, the phenomenon of unregistered trademarks often poses a challenge in trademark protection. This research aims to analyze the legal construction of unregistered trademarks and the conflicts that arise from the perspective of inclusive law. The focus of this research is on the analysis of legal aspects, rights of trademark owners, consumer rights, public policies, and socio-e

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Alfina Novianti and Yusuf Gunawan. "Penerapan Hukum Terhadap Merek Identik Yang Tidak Digunakan Berdasarkan Putusan Mahkamah Agung No. 51 PK/PDT.SUS-HKI/2024." Jurnal Riset Multidisiplin Edukasi 2, no. 5 (2025): 15–28. https://doi.org/10.71282/jurmie.v2i5.257.

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In the modern era, trademarks are no longer merely distinguishing marks for products and services between companies. They now represent the value, reputation, and credibility of a business entity in the eyes of consumers, making them strategic assets in market competition. Therefore, trademarks fall within the category of Intellectual Property Rights (IPR) that require strong, comprehensive, and sustainable legal protection. This study aims to analyze the application and legal protection of well-known registered trademarks to ensure their optimal operation and compliance with applicable regula

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Winarsoputri, Annisa Wijayanti, Abdul Rokhim, and Diyan Isnaeni. "Application of the Principle of Good Faith in the Implementation of Trademark Registration in Indonesia Based on the Supreme Court Decision Number 1051 K / PDT. SUS-HKI / 2023." International Journal of Business, Law, and Education 5, no. 2 (2024): 2109–24. http://dx.doi.org/10.56442/ijble.v5i2.793.

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Brands contain a manufacturer's promise to consistently provide certain characteristics, benefits, and services to consumers. Economically, brands have a price that motivates producers in various ways so that the brand can compete and become popular among the public. The existence of legal rules on the protection of well-known trademarks can be applied to avoid losses to holders of trademark rights and for consumer protection against the purchase of counterfeit branded goods. The case contained in the Supreme Court Decision Number 1051 K/Pdt.Sus-HKI/2023 between Jolla and Jolla. Sus-HKI/2023 b

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Siolimbona, Sandra, Nancy Silvana Haliwela, and Muchtar Anshary Hamid Labetubun. "Akibat Hukum Terhadap Pendaftaran Merek Produk Barang Yang Memiliki Persamaan Pada Pokoknya." TATOHI: Jurnal Ilmu Hukum 4, no. 9 (2024): 723. http://dx.doi.org/10.47268/tatohi.v4i9.2492.

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Introduction: Trademarks or names are marks used by companies or businesses on the products they trade because Trademarks are used as identifiers. As stipulated in Law No. 20 Year 2016 on Trademarks and Geographical Indications in Article 1 paragraph (1). Trademarks also cannot be registered when they have elements of similarity in the trademark as stipulated in Article 20-21 of the Trademark and Geographical Indications Law. However, this is contrary to the incident in the chocolate product brands Chacha Delfi and Chacha Lokal, where Chacha Delfi tried to apply for registration at the Directo

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Huang, Yiyang. "Study on the Determination of the Nature of Trademark Dilution--Taking the "Lao Gan Ma Case" as an Example." Lecture Notes in Education Psychology and Public Media 53, no. 1 (2024): 47–53. http://dx.doi.org/10.54254/2753-7048/53/20240014.

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China's current legislation does not make clear provisions for the dilution of well-known trademarks, resulting in difficulties in identifying dilution cases in practice. One such notable instance is the "Lao Gan Ma" dispute, which serves as a telling example of this legal gray area. Consequently, it becomes imperative to delve into typical cases like the "Lao Gan Ma Case" to gain clarity on the disputed actions' legal nature, and then demonstrate how the dilution theory can be applied in the determination of specific cases. Utilizing the case study method, this paper aims to examine a particu

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Rusdiana, Shelvi. "TRADEMARK IMPERSONATION: REGULATION AND DISPUTE RESOLUTION." Mizan: Jurnal Ilmu Hukum 11, no. 1 (2022): 86. http://dx.doi.org/10.32503/mizan.v11i1.2587.

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Intellectual property rights are created or arise from an idea to create a product or process that can be useful for human life. Intellectual property rights are also legal protection given to the results of human thought that are useful and have economic value. Understanding intellectual property itself requires comprehensive knowledge of what can be the object of intellectual property protection. A brand is an intellectual property identifier of a product or service owned by a company or individual. Violation related to registered trademark rights in Indonesia is an act that is against the a

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Ningsih, Novi Rahayu, and Moh Karim. "Effectiveness of Alternative Dispute Resolution in Trademark Protection in Indonesia: Challenges and Solutions." Justice Voice 4, no. 1 (2025): 1–12. https://doi.org/10.37893/jv.v4i1.1155.

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This article examines the challenges and solutions in trademark dispute resolution in Indonesia, with a particular focus on the effectiveness of existing regulations and the implementation of alternative dispute resolution (ADR) methods, such as mediation and arbitration. While Law No. 20 of 2016 provides legal protection for registered trademarks, law enforcement in the digital era faces numerous challenges, including trademark infringements occurring on e-commerce platforms. The article demonstrates that ADR can offer a more efficient and cost-effective alternative to litigation; however, a

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Simatupang, Riris, Hisar Siregar, and Sovia Febrina Simamora. "INCREASING LEGAL AWARENESS OF MSME ENTREPRENEURS FOR TRADEMARK REGISTRATION AT DJKI." ANAYASA : Journal of Legal Studies 2, no. 2 (2025): 95–105. https://doi.org/10.61397/ays.v2i2.332.

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This study aims to analyze the legal implications for micro, small, and medium enterprises (MSMEs) that do not register their trademarks, as well as the legal steps that can be taken in the event of trademark infringement by another party. The method used is normative legal research, which focuses on a study of the legal norms governing trademark registration through the Directorate General of Intellectual Property (DJKI). This study was conducted by examining laws and regulations, court decisions, and academic literature to identify challenges and opportunities in the trademark registration p

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Fang, Weibo. "Analysis of Jordan Trademark Dispute Case." Lecture Notes in Education Psychology and Public Media 39, no. 1 (2024): 138–41. http://dx.doi.org/10.54254/2753-7048/39/20240697.

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The dispute over the trademark "Qiaodan" is mainly constituted by the trademark infringement case of Nike International Co., Ltd. (from now on referred to as "Nike") against Qiaodan Sports Co., Ltd. (from now on referred to as "China Qiaodan"), and the civil lawsuit against Qiaodan Sports Co., Ltd. by the American NBA basketball star Michael Jordan for infringing his right of name and trademark. The study proposes the following questions: we propose the following questions: How to define the exercise subject of a natural person's "name right", how to judge the corresponding relationship betwee

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Lee, Diane Youngmi, and sunki Hong. "Discussion on the right to use the name trademark: Focusing on trademark disputes between idol groups and their former agencies." European Constitutional Law Association 40 (December 30, 2022): 213–43. http://dx.doi.org/10.21592/eucj.2022.40.213.

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Currently, a big wave of Korean culture is heating up the world, which indeed contributes to growing economy of Korea. In addition to the income earned from sales of music records and movies, the marketing business using the names of celebrities also forms a big size of market. As a result, there were often legal disputes arising from the rights of trademarks including the stage name or group name of celebrities. In particular, just before the end of the exclusive contract, the agency registered the celebrity's name as a trademark, thereby provoking a legal dispute between the former agency an

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Darwance, Darwance, and Sudarto Sudarto. "THE LEGAL POLITIC OF REGULATION FOR TRADEMARK REGISTRATION SYSTEMS IN INDONESIA." Berumpun: International Journal of Social, Politics, and Humanities 4, no. 1 (2021): 70–81. http://dx.doi.org/10.33019/berumpun.v4i1.47.

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The development of brand functions which was originally only as a distinguishing element to be more of a reputation, to be the brand that is usually represented by the image, logos, etc., resulting in a brand being one of the triggers for a dispute. Therefore, a number of regulations that provide protection for marks have been issued in Indonesia started with the Trademark Law of 1885 published by the Dutch Colonial Government until Law Number 20 of 2016 concerning Current Marks and Geographical Indications. But, trademark disputes still occur. This juridical normative research with a legal ap

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Cass, S. "Nissan v. Nissan [trademark dispute]." IEEE Spectrum 39, no. 10 (2002): 53–54. http://dx.doi.org/10.1109/mspec.2002.1038573.

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Guillén-Nieto, Victoria. "The Linguist as Expert Witness in The Community Trademark Courts." Language for Specific Purposes 162 (January 1, 2011): 63–83. http://dx.doi.org/10.1075/itl.162.04gui.

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Abstract This paper explores the way the linguist as expert witness may smooth the progress of legal decision-making in cases involving a Community trademark (CTM) dispute. The study hypothesizes that the seesaw of court decisions found in CTM disputes could be avoided, if linguists were called upon as experts by the courts. Therefore, the discussion attempts to provide an answer to the following research questions: (a) Can forensic linguists provide relevant evidence in CTM litigation? (b) If so, what is the nature of this evidence? And (c) is it possible to determine and measure the strength

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Debapriya, Bhowmik, and Kaur Malhotra Prabhdeep. "THE GROWING MENACE OF CYBERSQUATTING IN INDIA AND PROTECTION OF DOMAIN NAME DISPUTES." Indian Journal of Law and Society I, no. 8 (2024): 32–38. https://doi.org/10.5281/zenodo.10644528.

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<strong>ABSTRACT</strong> <em>The practice of “Cybersquatting,” which involves registering Domain Names with the intention of making money off the goodwill associated with another person’s trademark, is still very difficult in India. This abstract explores the current trends in cybersquatting, their negative effects on businesses, and the legal defenses put in place to deal with this threat. The suitability of these measures and their conformity to global best practices are also examined. The judicial process in India's legal system has been crucial in determining how Domain

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Rifzal Alief Ramadhan, Muhammad, Azhar Rashed, and Adiatama Wira Buana. "INTELLECTUAL PROPERTY RIGHTS REGARDING LEGAL CERTAINTY OF BEAUTY CLINIC PRODUCT LOGO BRAND." MORFAI JOURNAL 4, no. 4 (2025): 1387–92. https://doi.org/10.54443/morfai.v4i4.2378.

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This study aims to analyze the judge's considerations and legal consequences of the cancellation of registered trademarks and determine the party who has the right to be the actual holder of trademark rights to the issuance of intellectual property rights trademarks and product logos. Law Number 20 of 2016 concerning Trademarks and Geographical Indications states that registered trademark owners can file a lawsuit against other parties who without the right to use the Trademark that has similarities in principle or all for similar goods and/or services by filing a lawsuit for compensation and/

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