Abstract
Brand equality can cause harm to brand owners. Therefore, the legal protection of trademarks is very important. In this study, the authors will analyze the Supreme Court Decision No. 7K/pdt.sus-HKI/2016 whose purpose is that the consequences of the law of imitation of famous brands can be known and know the legal protection for owners of well-known brands if their brands are imitated. This research is descriptive and classified as normative legal research and uses existing data. Based on research, the famous brand ST. REGIS belonging to the plaintiff entered the list of registrants in Indonesia first, therefore the defendant's mark REGIS@the Peak at Sudirman has been registered with unfavorable conditions. The defendant's mark is essentially the same as the plaintiff's mark for similar and dissimilar services, as a result, the defendant's mark must be removed from the general register of marks. According to the law, Sheraton Internasional as the owner of the famous ST.REGIS brand won against REGIS@ the Peak at Sudirman.
Highlights
Creators/inventors have exclusive rights from the results of their creativity or the results of thought processes that are unique and new which are known among the public as Intellectual Property Rights (HAKI) or Intellectual Property (Hariyani, 2010)
Trademarks according to Law no. 15 of 2001 is a sign that is combined with various elements such as pictures / names / words and so on which are composed of various designs so that they can be distinguished when trading goods or services are carried out (Mark Law No 15, 2001)
Legal materials can be in the form of regulations relating to trademarks and geographical indications of Law No 15 of 2001 and Supreme Court Decision No 7K/pdt.sus-HKI/2016, as well as using several books, dictionaries and the internet
Summary
Creators/inventors have exclusive (special) rights from the results of their creativity or the results of thought processes that are unique and new which are known among the public as Intellectual Property Rights (HAKI) or Intellectual Property (Hariyani, 2010). IPR is contained in industrial property rights and copyrights. Industrial property rights in IPR are: (1) The government has exclusive rights to every individual, (2) Trade Marks and Geographical Indications, (3) Industrial Designs, (4) Circuit Layout Strategies Integrated (DTLST), (5) Trade Secrets (TradeSecret), (6) Plant Variety Protection (PVT) (Hariyani, 2010). 15 of 2001 is a sign that is combined with various elements such as pictures / names / words and so on which are composed of various designs so that they can be distinguished when trading goods or services are carried out (Mark Law No 15, 2001).
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