Jakarta. The licensee of the Lois trademark in Indonesia, PT Intigarmindo Persada, failed to cancel the Newlois and Redlois trademarks owned by local entrepreneur Agus Salim after the Central Jakarta Commercial Court rejected its lawsuit on Tuesday (31/5).

 

"Adjudicating, rejecting the plaintiff's lawsuit in its entirety," stated the chief judge Didiek Riyono in his verdict. In its considerations, the panel found that Intigarmindo could not prove the allegations of its lawsuit in court.

 

The judge considered that the Newlois and Redlois trademarks in question were different from the Lois trademark owned by the Spanish company, Lois Trade Mark-Consultores E. Servicos S.A. This is because the font, trademark layout, and logos of each trademark are different.

 

Therefore, the panel concluded that Agus Salim's Newlois and Redlois trademarks did not contain an intention to mislead consumers and did not harm the owner of the Lois trademark. "Because consumers can distinguish the trademarks themselves," added Didiek.

 

The panel also did not recognize the Lois trademark owned by Lois Trade Mark-Consultores E. Servicos S.A as a well-known mark, even though it had been registered in various countries. This is because, in the evidence submitted to the court, Intigarmindo presented evidence that was still in a foreign language and not legalized by the local embassy of the company.

 

Responding to the verdict, Agus Salim's legal counsel, Febdrik, said they respected the panel's decision. "The verdict was as it should be because it is in accordance with the existing legal facts," he told KONTAN when met after the trial.

 

On the same occasion, Intigarmindo's legal counsel, Harris Proyono Nainggolan, expressed disappointment with the verdict, stating that it did not consider the expert witness testimony from their side at all. Even though the Newlois and Redlois trademarks circulating in Tanah Abang had similarities in writing and pronunciation.

 

He claimed that the judge's decision was erroneous. This is because there are many precedents proving that some similarities in sound and pronunciation are considered plagiarism. Therefore, his party will file an appeal for cassation to the Supreme Court.

 

For your information, this lawsuit began when products of trousers with the Newlois and Redlois trademarks were found at Toko Gerimis, Tanah Abang area, Central Jakarta. This shop is owned by entrepreneur Agus Salim. Both of Agus's trademarks have been registered since July 28, 2005, with registration numbers IDM000043020 and IDM000043021. In this trial, PT Intigarmindo Persada included the Directorate General of Intellectual Property as a co-defendant.

 

The plaintiff argued that the registration of the Newlois and Redlois trademarks was done in bad faith, namely 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, in May 2003. Whereas Agus's trademark was only filed in 2005. For your information, Lois Trade Mark-Consultores E. Servicos S.A is a clothing manufacturer from Spain, one of whose flagship products is jeans clothing, Lois Jeans.

 

Source: kontan.co.id