Jakarta - The brand dispute between Gudang Garam and Gudang Baru has concluded with the Supreme Court judges Vallerina JL Kriekhoff and colleagues. The cassation panel ruled that the two brands do not share similarities in form, placement, and pronunciation.
Gudang Baru was represented by former State Secretary, Yusril Ihza Mahendra.
"The Gudang Baru kretek cigarettes are made for a distinct market segment," said Yusril, as stated on page 28 of the cassation decision published on the MA website, Friday (7/11/2014).
Gudang Baru had initially lost at the Commercial Court of Surabaya in 2013. However, upon filing for cassation, the request from Gudang Baru, located in Pasuruan, was granted. The case, bearing number 162 K/Pdt.Sus-HKI/2014, was presided over by Chief Justice Prof Dr Valerina JL Kriekhoff with members Soltoni Mohdally and Abdurrahman.
"If Gudang Baru kretek cigarettes are no longer produced, the public will have no alternative choice for competitively priced kretek cigarettes other than Gudang Garam products. Yet, Gudang Baru kretek cigarettes are affordable and cater to their own consumer segment," said Yusril.
Yusril also regretted Gudang Garam's action of suing his client after the Gudang Baru company had grown significantly. According to Article 69 paragraph 2 of the Trademark Law, trademark lawsuits must be filed within a maximum of 5 years after the defendant's trademark is registered.
"The plaintiff's action of not having a time limit to file a lawsuit aims to seize and plunder Gudang Baru's consumers. Therefore, the cancellation of the Gudang Baru trademark is a veiled form of unhealthy business competition," Yusril stated.
Source: detik.com
