Lois is a trademark used for jeans and denim jackets. Lois Trade Mark-Consultores E Servicos S.A is a Spanish company that registered the Lois trademark first in Indonesia, on November 8, 2004, with registration number IDM000020831.
The trademark falls under class 25, which covers clothing, footwear, and headwear.
As the licensee of Lois in Indonesia, Intigarmindo Persada, represented by its legal counsel Harris Priyono Nainggolan, feels entitled to file the lawsuit.
"As the licensee and authorized representative of Lois Trade Mark-Consultores E Servicos S.A, the plaintiff is granted the right to take any necessary legal action against counterfeit or imitation products in Indonesia," wrote Harris, as quoted from his lawsuit filing on Sunday (14/2/2016).
He stated that the lawsuit originated from the discovery of trousers with the Newlois and Redlois brands at Toko Gerimis in Tanah Abang, Central Jakarta, owned by Agus Salim, between April 15-18, 2015.
Intigarmindo Persada then reported this to the Directorate General of Intellectual Property (DGIP) to follow up on the alleged trademark infringement. An investigation involving witnesses, experts, and evidence was conducted.
The DGIP subsequently decided to halt the investigation, citing the absence of trademark infringement. The authority responsible for trademark protection in Indonesia found evidence of Agus's copyright registration. Consequently, the Newlois and Redlois trademarks received legal protection.
Agus's two trademarks have been registered since July 28, 2005, with registration numbers IDM000043020 and IDM000043201. In this case, Intigarmindo Persada also included the DGIP as a co-defendant.
The plaintiff argues that the registration of the Newlois and Redlois trademarks was done in bad faith by piggybacking, imitating, or plagiarizing the Lois trademark.
Moreover, the Lois trademark owned by Lois Trade Mark-Consultores E Servicos S.A was filed earlier, on May 12, 2003. Agus, on the other hand, only filed his trademark application on July 28, 2005.
Harris added that the Lois trademark is not only registered in Indonesia but also in various other countries, including Argentina, Saudi Arabia, Chile, the Philippines, Hong Kong, Malaysia, and Taiwan.
In its petition, Intigarmindo Persada requests the panel of judges to cancel Agus Salim's Newlois and Redlois trademarks due to substantial similarity with the Lois trademark owned by Lois Trade Mark-Consultores E Servicos S.A.
According to information from the Central Jakarta Commercial Court, the case entered its first hearing on Tuesday, February 9, 2016. Neither Agus Salim nor his representative attended. The panel postponed the hearing until Tuesday of the following week.
Source: bisnis.com
