ANALISIS PERLINDUNGAN HUKUM TERHADAP MEREK DALAM KONTEKS PERDAGANGAN ROKOK ILLEGAL DI INDONESIA (Studi Kasus Pada Rokok Legal Merek “DUNHILL” dengan Rokok Illegal Merek “DALILL”)

The circulation of DALILL cigarettes, which exhibit visual similarities to the renowned DUNHILL trademark, infringes upon the principle of distinctiveness in trademark law. This study is grounded in two fundamental research questions: the implementation of the doctrine of substantial similarity with respect to the DUNHILL and DALILL cigarette trademarks under the Trademark Law, and the regulatory framework for legal protection of registered trademarks in cases of substantial similarity with other registered marks. These questions aim to analyze the application of the substantial similarity principle and to formulate effective legal protection mechanisms for registered trademark holders. Employing a normative juridical method with a statutory and case-based approach, the research findings demonstrate that the DALILL packaging satisfies the elements of substantial similarity under the total impression doctrine, encompassing both visual and phonetic aspects. Evidence of bad faith was also identified through the modality of registering a mark divergent from the label in circulation (non-conforming use). The study concludes that civil litigation and mediation dispute resolution mechanisms are ineffective against covert infringements. Accordingly, repressive measures combining administrative and criminal pathways are deemed the most concrete and applicable solution.