Abidin, Ahmad Dzaki (2024) PROSES PENYELESAIAN SENGKETA MEREK TERKENAL “007” ANTARA PERUSAHAAN INTERNASIONAL MELAWAN PERUSAHAAN LOKAL (STUDI PUTUSAN PENGADILAN NIAGA NOMOR 14/PDT.SUS-MEREK/2023/PN NIAGA JKT. PST.). Undergraduate thesis, Universitas Muhammadiyah Malang.
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Abstract
A well-known brand is a brand that has a high reputation, is widely known by the public according to general knowledge through promotional activities and massive investment and the brand has been registered in various parts of the world. Well-known trademark cancellation lawsuits often occur, such as the "007" trademark lawsuit between International Company "D" and Local Company "GBP". The purpose of this writing is to identify and analyze the process of implementing the settlement as well as the legal considerations of the panel of judges who examined the decision and adjudicated the dispute over the lawsuit for the cancellation of the famous brand "007" in case number 14/Pdt-Sus-Merek/2023/Pn Niaga Jkt.Pst. The method used is empirical juridical with the type of case study of court decisions. The results of the writing show that the panel of judges who examined, decided and adjudicated the case 14/Pdt-Sus-Merek/2023/Pn Niaga Jkt.Pst., rejected the lawsuit for cancellation of a well-known brand filed by International Company "D", on the basis that one brand cannot compared to two or more other brands. Based on these legal considerations, the author is of the opinion that the comparison of two brands with one brand can be used as long as there are no statutory regulations governing it. The suggestions given in writing this final assignment are aimed at legislators to provide a specific definition regarding brand comparisons to assess elements of similarity in essence so that there is no error in implementing Article 17 paragraph (1) of the Minister of Law Regulation and "HAM No. 67 of 2016, especially regarding the phrase contained in "The dominant element between one brand and another brand, giving the impression of similarities
Item Type: | Thesis (Undergraduate) |
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Student ID: | 202010110311358 |
Keywords: | Decision Analysis, Lawsuit for Cancellation of Famous Trademark, Intellectual Property Rights |
Subjects: | K Law > K Law (General) |
Divisions: | Faculty of Law > Department of Law (74201) |
Depositing User: | 202010110311358 dzakiabidin |
Date Deposited: | 02 Feb 2024 08:59 |
Last Modified: | 02 Feb 2024 08:59 |
URI: | https://eprints.umm.ac.id/id/eprint/3312 |