Trademark Dispute, GS Yuasa Wins Against GiSi

27 - December - 2015

Japanese battery manufacturer GS Yuasa Corporation can finally smile broadly. The Supreme Court (MA) granted the Judicial Review (PK) request filed by GS Yuasa regarding a trademark dispute with Indonesian entrepreneur's battery brand GiSi, under the company PT Gramitrama Battery Indonesia (GBI).

The Supreme Court's decision number 130 PK/Pdt.Sus-HKI/2014 states that GS Yuasa is the owner and holder of the GS trademark first in Indonesia. "Granting the Judicial Review of the applicant GS Yuasa Corporation," said Syamsul Ma'arif, Chief Justice of the Supreme Court Panel, in his ruling dated June 3, 2015.

With this decision, the Supreme Court simultaneously canceled the GiSi trademark with registration number IDM000342727 class 09, owned by PT Gramitrama Battery Indonesia. In its consideration, Syamsul assessed that GS branded batteries from GS Yuasa are well-known trademarks.

Furthermore, the GS branded batteries from PT GBI, named GiSi, have substantial similarity to the GS trademark owned by GS Yuasa. The core of the similarity is seen in the letters "GS" within the GiSi trademark.

GBI created a trademark resembling Yuasa's GS by emphasizing the letters G and S on the packaging. GBI only added the letter 'i', which is not very noticeable. Then, there is similarity in terms of writing, placement, and color combination of the logo.

GS Yuasa's legal counsel, Juliane Sari Manurung, appreciated the Supreme Court's decision. "We respect the Supreme Court's decision. This is a fair decision and in accordance with the facts," she said in a written statement received by Kontan, Tuesday (06/23/2015).

The Supreme Court's decision, Juliane continued, is the right first step to protect battery consumers in Indonesia. "So that consumers are not misled if there are similar batteries that seem to have a connection with our client's products," she said.

In addition to GBI, GS Yuasa is also in dispute with two other battery manufacturers, namely GS Garuda Sakti and GS Goldshine. Currently, these two cases are being examined at the cassation level. "We hope these two cases are decided fairly like this Supreme Court decision," said Juliane. (Sinar Putri S.Utami)

Editor : Erlangga Djumena

Source : KONTAN

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