ANALISIS YURIDIS SENGKETA MEREK DAGANG ANTARA PS GLOW DAN MS GLOW (Studi Kasus Terhadap Putusan Nomor 2/Pdt.Sus-HKI/Merek/PN Niaga Sby dan Putusan Nomor 2/Pdt.Sus-HKI/Merek/PN Niaga Mdn)

The influence of the importance of a brand on a product in the business world often gives rise to unhealthy competition between companies that own the brand. With this, the company has the right to obtain protection for its brand, but in practice the implementation of this brand right is often not in accordance with what is determined by law. This research aims to analyze and understand the comparison of legal considerations used by the Panel of Judges in giving considerations between Decision Number 2/Pdt.Sus-HKI/Merek/PN Niaga Sby and Decision Number 2 /Pdt.Sus-HKI/Merek/2022/PN Mdn Commerce. This research will explore comparisons in legal considerations that influence the final outcome of each decision. The type of research used in this research is normative juridical with a search method for related laws and literature on the problems studied. The results of this research explain that: (1) in decision number 2/Pdt.Sus-HKI/Merek/2022/PN.Niaga Mdn, the Panel of Judges is of the opinion that the Plaintiff is the sole owner of the registrant and the first user of the MS Glow brand. Meanwhile, in decision number 2/Pdt.Sus-HKI/Merek/2022/PN.Niaga Sby, the Panel of Judges was of the opinion that the Plaintiff had exclusive rights as the owner of the PS Glow registered mark and as the first registrant; and (2) The judge's consideration used in decision number 2/Pdt.Sus-HKI/Merek/2022/PN.Niaga Mdn regarding the defendant's bad faith in using the PS Glow brand because it also turns out that decision number 2/Pdt.Sus- HKI/Brand/2022/PN.Niaga Sby relates to the brand class of MS Glow, namely class 32, namely in the form of a tea powder drink, which is not suitable for use as a brand for cosmetic products.