US Watch Brand Philip Stein Loses to `Counterfeit Goods`

23 - May - 2015

The American watch producer, Philip Stein Holding Inc, must admit its defeat. This is because the Supreme Court (MA) rejected its lawsuit against the locally made Philip Stein owned by Kasim Halim.

Philip Stein is a watch made at 169 East Flagler Street, Miami, Florida. The Philip Stein brand is registered in the US, Saudi Arabia, Hong Kong, Argentina, Austria, Benelux, Brazil, Canada, China, Colombia, Costa Rica, Egypt, Germany, Italy, Japan, Malaysia, Mexico, Morocco, and the UK. Later, the Philip Stein party was surprised to find a similar brand circulating in Indonesia produced by Kasim Halim. However, after checking, it turned out that Kasim Halim had obtained brand certificate number IDM 000174089.

"The first defendant, as an Indonesian citizen, should use brand names that clearly show Indonesian national identity and, as far as possible, avoid brand names that are similar, let alone plagiarize foreign brand names," stated Philip Stein in the cassation decision as reported by the Supreme Court (MA) website, Friday (22/5/2015).

This is in accordance with the Supreme Court's jurisprudence in case number 220/PK/Perd/1986 concerning the Nike brand. According to Philip Stein, watches with similarities create unfair competition, tricking or misleading consumers. On that basis, Philip Stein requested the Ministry of Law and Human Rights to revoke the brand certificate held by Kasim Halim.

The Ministry of Law and Human Rights responded to the lawsuit by stating that Philip Stein's lawsuit had expired. According to the Director General of Intellectual Property, Kasim Halim's brand was obtained on August 2, 2008, and the lawsuit was filed on September 13, 2013.

"In accordance with the provisions of Article 69 paragraph 1 of Law Number 15 of 2001 concerning trademarks, the plaintiff's lawsuit submission has expired," said the Ministry of Law and Human Rights in its response to the lawsuit.

However, Philip Stein's lawsuit failed. On December 10, 2013, the panel of judges at the Central Jakarta District Court (PN Jakpus) rejected Philip Stein's lawsuit entirely. Not accepting this, Philip Stein then filed for cassation. What did the Supreme Court say?

"It turns out that the brand declared by the plaintiff cannot be qualified as a famous brand because it is only registered in 4 countries, while in several countries submitted as proof, the registration has not yet received approval/approval from the authorities," said the cassation panel in its considerations.

The panel was chaired by Djafni Djamal with members Mahdi Soroinda Nasution and Nurul Elmiyah. On that basis, the panel rejected Philip Stein's cassation.

"The cassation applicant is ordered to pay court costs at the cassation level amounting to Rp 5 million," ruled the panel unanimously on August 27, 2014.

Source: detik.com

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