Brand Dispute, Pia Legong Defeats Pia Janger

28 - February - 2015

Jakarta - Who doesn't know Pia Legong? For most tourists visiting Bali, they are willing to queue for hours to taste the deliciousness of Pia Legong. But recently, a similar brand emerged, Pia Janger. A dispute then went to court.

The Pia Legong brand is owned by Hantje, who registered his copyright with the Directorate General of Intellectual Property of the Ministry of Law and Human Rights in August 2008. One of the registered items is the Pia Legong packaging box design. This box has a brown color composition with a clear drop, the words Pia Legong in golden color, a Balinese dancer, a temple, and 3 images of pia cakes. For the taste, Hantje concocted his own recipe and marketed it by selling it only at Ruko Kuta Megah, Jalan By Pass Ngurah Rai, Badung. The price is set at around Rp 70 thousand per package.

Since its launch, Pia Legong has immediately enticed tourists. Every day, dozens of tourists buy Pia Legong, making Pia Legong famous and one of the must-buy souvenir packages for tourists.

Recently, Hantje began to be disturbed by consumer complaints about the taste of his pia cakes. Hantje then investigated and found the Pia Janger brand, which was similar to the Pia Legong brand. Its price was Rp 10 thousand cheaper than Pia Legong.

The similarity of the brands misled consumers, causing the Pia Legong brand, which had been built with great effort, to be tarnished in the eyes of tourists. Consumers who bought Pia Janger were disappointed because the taste was not good, but Pia Legong received the complaints. Feeling aggrieved, Hantje filed a lawsuit with the Commercial Court of Surabaya, suing the owners of Pia Janger, Antonius and Iriene. Hantje sued them to stop the circulation of Pia Janger and pay compensation of Rp 15.3 billion.

The request was granted. On September 18, 2013, the Commercial Court of Surabaya declared Pia Legong the rightful owner of the design, while Pia Janger had to withdraw its sales and pay Hantje Rp 2 billion in damages. Not accepting this, Pia Janger then filed an appeal. The cassation panel amended the decision by removing the compensation penalty.

"Declares Defendant I and Defendant II jointly guilty of infringing the industrial design rights for the packaging box belonging to the plaintiff. Orders Defendant I and Defendant II, at the latest within 7 days after this decision is pronounced, to cease the production, circulation, sale, and trade using packaging boxes identical and similar to the Plaintiff's. Withdraws from circulation all Pia Janger products with packaging boxes identical and similar to the Plaintiff's," ruled the panel as reported on the Supreme Court (MA) website, Friday (6/2/2015).

The panel was chaired by Djafni Djamal with members Nurul elmiyah and Mahdi Soroinda Nasution. "Rejects the lawsuit for the rest," ruled the panel on July 25, 2014.

Source: detik.com

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