At the point when legal advisors get into fights in court with one another, it will in general get a long cycle. Indonesia has in the past attempted to keep up a solitary bar relationship for legal counselors. As of late, (PAI) the Perkumpulan Advokat Indonesia/Indonesia Lawyers Association has been the one and only one.
Anyway more as of late the Persatuan Advokat Indonesia/Indonesia Lawyers Union showed up as a branch of the Association. They were both utilizing a similar logo alongside a close indistinguishable name. The Association established on 20 August 1964, documented brand names for PERADIN under the name of Persatuan Advokat Indonesia in 2010 in classes 45, 41, 38 and 16. The Union was a branch following an interior debate.
The Association sued the Union asserting encroachment as the Union offered administrations as an expert association and ran classes. The Association additionally guaranteed that the Union utilized the PERADIN blemish on signs, letterheads, just as on open declarations. The Association requests IDR 5 billion as elusive harms and a public statement of regret.
The Union filed a motion to revoke the Association’s claim. They argued that the Association had no legal standing to file the claim using spurious arguments over legitimacy. The Union set out the history, that whilst the Association was the oldest Indonesian lawyers’ organization since 30 August 1964 under the name of ‘Persatuan Advokat Indonesia’ (PERADIN), in 2010, there was an internal conflict within the organization which caused them to split into two factions, one faction (the Association) which led by Frans Hendra Winarta, who registered the original name of the organization.
The Union recorded a movement to deny the Association’s case. They contended that the Association had no lawful remaining to record the case utilizing deceptive contentions over authenticity. The Union set out the history, that while the Association was the most established Indonesian legal advisors’ association since 30 August 1964 under the name of ‘Persatuan Advokat Indonesia’ (PERADIN), in 2010, there was an inside clash inside the association which made them split into two groups, one group (the Association) which drove by Frans Hendra Winarta, who enrolled the first name of the organization.
The other group (the Union), drove by Ropaun Rambe, utilized the name ‘Perhimpunan Advokat Indonesia’ (PERADIN). Ropaun Rambe had enrolled a Copyright for the PERADIN logo No. 048131 on 2 August 2010 so guaranteed that they legitimately utilized the PERADIN logo for their exercises. The Union recorded a counterclaim as well, guaranteeing that the Association’s activity to enroll the name PERADIN as a brand name is mistaken on the grounds that as an expert affiliation, the association doesn’t utilize the brand name enlistment to really exchanges the services.
The Union mentioned the Court to pronounce that it was the lawful body legitimately utilizing and holding through its Copyright records under the name PERADIN. The Union looked to drop the Association’s PERADIN brand name enlistment since it encroached on the Union’s Copyrighted Work.
Of course, the Central Jakarta Commercial Court dismissed the Union’s movement to excuse and their counterclaim. The Panel of Judges acknowledged a few pieces of the Association’s case by proclaiming that the Union had encroached the Association’s PERADIN brand name. The Panel requested the Union to stop any movement that utilizes the PERADIN brand name and to decimate any merchandise that utilization the logo. The Panel likewise requested the Union to pay IDR 1 million every day as a punishment on the off chance that it didn’t conform to the decision.
The Union documented an allure with the Supreme Court however this was dismissed as well. They appropriately told the Union that they ought to have picked an alternate brand.
The other faction (the Union), led by Ropaun Rambe, used the name ‘Perhimpunan Advokat Indonesia’ (PERADIN). Ropaun Rambe had registered a Copyright for the PERADIN logo No. 048131 on 2 August 2010 so claimed that they rightfully used the PERADIN logo for their activities. The Union filed a counterclaim too, claiming that the Association’s action to register the name PERADIN as a trademark is incorrect because as a professional association, the organization does not use the trademark registration to actually trades in the services.
The Union requested the Court to declare that it was the legal body rightfully using and holding through its Copyright records under the name PERADIN. The Union sought to cancel the Association’s PERADIN trademark registration because it infringed on the Union’s Copyrighted Work.
Of course, the Central Jakarta Commercial Court rejected the Union’s motion to dismiss and their counterclaim. The Panel of Judges accepted some parts of the Association’s claim by declaring that the Union had infringed the Association’s PERADIN trademark. The Panel ordered the Union to cease any activity that uses the PERADIN trademark and to destroy any goods that use the logo. The Panel also ordered the Union to pay IDR 1 million per day as a penalty if it did not comply with the decision.
The Union filed an appeal with the Supreme Court but this was rejected too. They rightly told the Union that they should have chosen a different brand.
The main point is over the conflict of laws between trademarks and copyright. Indonesian piracy/ infrtingers often registers and cites copyrights in defense to justify the use of similar marks. The clear point now is that copyrights cannot override trademark rights. Of course, these matters will affect IP lawyer Indonesia too.