Italian premium helmet manufacturer, Caberg SpA, has filed a cancellation lawsuit against a local entrepreneur at the District Court in Central Jakarta on 3 February 2020 under the case number 06/Pdt.Sus-Merk/2020/PN.Niaga.Jkt Pst.
The lawsuit was filed by the plaintiff as the Caberg's trademark was filed and registered by the local entrepreneur in Indonesia under registration No. IDM000381631 in Class 9.
The plaintiff objected to the defendant's registration on the basis that it was detrimental to the plaintiff as the use of Caberg's trademark by the defendant was considered as a way to "ride on their fame".
The plaintiff submitted that the Caberg's trademark registered by the defendant has similarities in its essential part to the Caberg SpA's trademark. However, the price of the defendant's helmet was sold at a cheaper rate and is alleged to have misled the consumers.
"Caberg SpA is the first user and holder of the Caberg brand in which the word Caberg is an abbreviation of the name Cashi which means helmet and Bergamo, one city in Italy, so 'Caberg' means helmet from Bergamo", said the plaintiff's attorney in a written statement.
It was also submitted that the Caberg SpA's trademark has repeatedly sponsored various automotive sporting events. Helmets with Caberg SpA's trademark have been sold since the 1970s and are currently sold in 27 countries through its official distributors.
These registrations support the plaintiff's contention that the Caberg SpA trademark is a well-known trademark.
The defendant had also been entangled in a similar case previously. The case occurred in 2015 where a helmet manufacturer who also came from Italy, named Suomy, filed a lawsuit related to the plagiarism of the trademark.
To access the details of the lawsuit filed, click here.
By: Trade Mark Team, Biro Oktroi Roosseno Indonesia