Toyota wins Lexus brand dispute

07 - November - 2015

JAKARTA. The Commercial Court of Jakarta granted the lawsuit filed by Toyota Jidosha Kaushiki Kaisha (Toyota Motor Corporation) in the Lexus trademark dispute with a local entrepreneur. The court affirmed that the Lexus trademark belongs to Toyota.

"Declaring to grant the entire lawsuit filed by the plaintiff. Declaring the Lexus trademark belonging to the plaintiff as a well-known mark," said Chief Judge Sudjatmiko, Tuesday (26/3).

Besides affirming the Lexus trademark as a well-known mark registered in several countries, the panel of judges opined that the similarity in essence between the Lexus trademark belonging to Toyota and the Lexus trademark belonging to local entrepreneur Lie Sugiarto has been proven. "The similarity is proven from the form of writing and pronunciation," he said.

Therefore, the panel of judges opined that Lie's Lexus trademark was registered in bad faith and should be canceled. "Ordering the Directorate General (Ditjen) of Intellectual Property Rights (HKI) to cancel the defendant's trademark," he said.

Regarding this verdict, Sani, Toyota's legal counsel, welcomed it. "This verdict is appropriate, as Lexus is a well-known mark," he said.

Meanwhile, until the verdict was read, no party representing Lie Sugiarti appeared in court. Whereas the Directorate General of HKI will comply with the court's decision. "We will follow this decision," said HKI legal counsel Ahmad Rifadi.

For your information, Toyota sued Lie Sugiarti as defendant I and the Directorate General (Ditjen) of Intellectual Property Rights (HKI) as defendant II. Based on the lawsuit file No.89/Merek/2012/PN.Niaga.JKT.PST obtained, Toyota requested the Court to cancel the registration of Lie's Lexus trademark.

Toyota objected to the registration of Lie's Lexus trademark under registration number IDM000297188 dated March 11, 2011, to protect types of goods such as switches, power outlets, fittings, and electrical fuses included in class 09.

Toyota asserted that it holds the exclusive rights in Indonesia for the Lexus trademark. This is because, he said, the word Lexus is an essential part of Toyota's trademark.

Not only that, Toyota's Lexus trademark and L logo are also registered under No.275,609 dated May 25, 1992, and renewed under No.496,408 dated May 25, 2002.

Toyota assessed that Lie's Lexus trademark has similarities in pronunciation and creates an impression among the public as if Lie has a connection or relationship with Toyota. Consumers would be deceived by the similarity of the marks.

Toyota also accused Lie of having good faith in registering the Lexus trademark. Lie is accused of intending to capitalize on the fame of Toyota's Lexus trademark, which has been cultivated for years at considerable cost.

Source: nasional.kontan.co.id

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