PERLINDUNGAN HUKUM MEREK TERKENAL “CABERG” TERHADAP PENDAFTARAN MEREK “CABERG” LOKAL DI INDONESIA (STUDI KASUS PUTUSAN PENGADILAN NIAGA JAKARTA PUSAT NOMOR 06/Pdt.Sus-Merek/2020/ PN.Niaga.Jkt.Pst.)

Abstract

Brands have very significant benefits in encouraging the quantity of existing brands, but it cannot be
denied that there are so many brands that give rise to various conflicts and disputes that occur because
of these various brands. In general, conflicts on brands exist due to violations of existing brands with
the motivation to get easy profits and try, or imitate, even fake brands that exist in the community. This
study discusses the legal protection of the well-known brand "caberg" against the registration of the
local "caberg" trademark in Indonesia through a case study of the decision of the Central Jakarta
Commercial Court Number 06/pdt.sus-brand/2020/pn.niaga.jkt.pst. The author's reason for bringing
up the case is that CABERG S.p.A. Italy is a well-known brand that must be protected. Ef orts to
provide legal protection for well-known marks have started with the Paris Convention. The
formulation of the problem in this study is how to regulate the principle of equality in principle which
is proposed in bad faith based on Law Number 20 of 2016 concerning Marks and Geographical
Indications? and How is the legal protection of the well-known brand "CABERG" against the
registration of the local "CABERG" mark in Indonesia related to the Decision of the Central Jakarta
Commercial Court Number 06/Pdt.Sus-Merek/2020/PN.Niaga.Jkt.Pst.? This study found that there are
elements of similarity in principle or in whole to the well-known brand Caberg. There are similarities
in the equation of form, writing method, sound equation and elemental equation.