KOMPAS.com — Another foreign company is pressing charges at the Commercial Court of Jakarta. Rocket Trademarks Pty Ltd, a clothing producer most famous for the Billabong brand, is suing a local businessman in regards to the registering of the Element brand.
The case started in December 2009. At that time Rocket Trademarks, from Australia, was about to register the Element brand for class 25 goods, or clothes, at the Directorate General for Intellectual Properties of the Department of Justice and Human Rights. They were surprised to find out that the brand has been registered, for the same class, under the name of Kenny Wirya, since July 17, 2007.
Rocket Trademarks finds this unacceptable. Rocket's legal representative, Gunawan Suryomurcito, considers Kenny's registering the Element brand was based on malicious intentions. Because the brand has been registered to hitch on Rocket's Element brand that has already gained popularity first.
Gunawan stated that Rocket's Element brand came first and has been registered in various countries, such as Australia, Brazil, Chile, Colombia, Japan, Israel, UK, US, France, and China (Hong Kong). Rocket has filed in a request to annul Kenny's register of the Element brand. They consider Kenny to be fooling the public into believing that his Element brand is connected with Rocket's. Besides, as long as Kenny is registered, Rocket can't sell their Element products in Indonesia.
Kenny Wirya on the other hand, is refuting Rocket's claim. The businessman from Penjaringan, North Jakarta, is filing a counter claim against Rocket. Happy Sihombing, Kenny Wirya's attorney, stated that his client is demanding a compensation from Rocket for using Kenny's Element brand without a permit, and thus putting Kenny at a disadvantage.
Happy stated that Kenny is suing Rocket for Rp. 5 billion for material losses, and another Rp. 5 billion for immaterial losses, in accordance to the Law no. 15/2001 on brands, which states that a registered brand is protected for the next 10 years. (Yudho Winarto/Kontan/C17-09)
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