ANALISIS MENGENAI PUTUSAN MAHKAMAH AGUNG NOMOR 162K/Pdt.Sus HKI/2014 TENTANG SENGKETA HAK MEREK GUDANG GARAM MELAWAN GUDANG BARU

Abstract

Although the brand has been arranged in such a way in the Law of Marks, but still a lot of fraud and mark abuse by the perpetrators who has bad faith. It is of course very detrimental to businesses as they affect the brand owner company's reduced turnover and the loss of public confidence in the consumer, due to unequal quality and quantity of products or services rendered. One of the trademark dispute is trademark disputes between Mark Gudang Garam with Mark Gudang Baru because, name, shape, color combination, and pictures on cigarette packs which have a similarity in principle. After Mark Gudang Baru got Trademark Certificate from the Director General of IPR and used for 18 years before the Gudang Garam filed a lawsuit brands in the Commercial Court in Surabaya State Court, which the decision is in favor of the Gudang Garam. Gudang Baru party dissatisfied with the decision of the Commercial Court in the Surabaya State Court and appealed to the Supreme Court. The Supreme Court’s decision No. 162 K/Pdt.Sus-HKI/2014, won the Gudang Baru party.