ANALISIS TENTANG HAK PRIORITAS DALAM PERKARA SENGKETA MEREK HOT WHEELS MILIK MATTEL, INC
Abstract
In 2009, Mattel, Inc. a foreign company (foreigner) domiciled in the
United States filed a lawsuit against Yonghwa Wongsodiredjo regarding the case
of the Hot Wheels brand. On behalf of the Central Jakarta Commercial Court
through Decision Number 74/MEREK/2009/PN.NIAGA.JKT.PST, the
cancellation lawsuit filed by Mattel, Inc. discontinued by the judges is
unacceptable on the grounds of Relative Competence. Mattel, Inc., who objected
to the ruling, filed an appeal to the Supreme Court. The verdict from the Supreme
Court states that Mattel, Inc. is a company that owns the famous Hot Wheels
brand. On the basis of these two decisions controversy was created among the
people.
The purpose of this study is to better understand and know the refusal of
the right of famous brands abroad on the basis of Relative Competence, and to
better understand and know about the famous brand given to foreign companies
(foreign).
The results of this study are: Relative Competence entitled to test, try and
decide the right of a famous brand owned by a company domiciled outside the
territory of the Unitary State of the Republic of Indonesia is the Central Jakarta
District Court, in addition it must be considered the provisions of the articles in
the Law of Mark 15/2001 About legal protection which is awarded against wellknown foreign brands.