Abstract
Providing protection for well-known brands can be realized by using the doctrine of trademark dilution and bad faith. The aim of this article is to find out the existence of the brand dilution doctrine in Indonesia, and how it is applied to litigation dispute resolution. The research method used is normative juridical with a law and case approach then it is analyzed qualitatively. The results obtained are that Indonesia has not had a regulation on brand dilution yet, but the prohibition against it has been implicitly regulated in the doctrine of bad faith. Enforcement of the trademark dilution doctrine is not carried out in the settlement of disputes between IKEA and IKEMA products. The panel of judges considers that there is no similarity between the two brands, besides that IKEMA is considered not to have violated the provisions of bad faith, so that the Panel of Judges considers IKEMA not guilty. There are no judges in Indonesia who have applied the trademark dilution doctrine because the regulations against it have not been regulated in the law, so to resolve trademark disputes judges use the doctrine of bad faith.
Highlights
Giving a brand to a product is one of the means to recognize the consumers about a product
Indonesia has not regulated the law on trademark dilution, the regulation is only implied through Article 21 section 1 letters b and c, and it uses the doctrine of bad faith to resolve trademark dilution disputes
IKEA’s application was rejected because it was considered that IKEMA's products did not sell the same products as IKEA and the name taken was not inspired by IKEA
Summary
Giving a brand to a product is one of the means to recognize the consumers about a product. A brand is a sign used to identify an item or service that is produced or provided by a particular person or company. Given brand makes easiness for consumers to know the character and quality of a product based on its unique characteristics. Trademark protection in Indonesia is provided through Law Number 20 of 2016 on Marks and Geographical Indications. The definition of a mark according to this law is an image, logo, name, word, letter, number, dimension arrangement, sound, hologram, or a combination of 2 (two) or more of these elements, which are made in two-dimensional or three dimensional form, with the aim of providing a differentiator to the goods/services
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