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.