Those fond of the superheroes such as Superman, Batman, Aquaman and Wonder Woman, would surely be familiar with the famous comic strip publisher from the United States, DC Comics.
The superhero business empire of the United States, DC Comics, has succeeded in defending the Superman trademark filed by one of Indonesian wafer companies, PT Marxing Fam Makmur.
DC Comics has taken 2 legal attempts against PT Marxing Fam Makmur regarding the Intellectual Property rights of the Supermantrademark in the Central Jakarta Commercial Court and Supreme Court in 2018. However, the Central Jakarta Commercial Court declared DC Comics' lawsuit unacceptable or niet ontvankelijke verklaard. Likewise, the Supreme Court considered DC Comics' lawsuit unacceptable.
"PT Marxing Fam Makmur received a trademark certificate from the Ministry of Law and Human Rights first in 1993 for classes 30 and 34 and renewed every 10 years," said PT Marxing Fam Makmur's attorney at that time. PT Marxing then collaborated with Siantar Top to produce chocolate wafers which flooded stalls throughout Indonesia and were widely known.
Even though they lost twice in court, DC Comics was not discouraged. They filed another lawsuit at the Central Jakarta Commercial Court on 27 May 2020. After going through a series of trials since June, the panel of judges announced the verdict on Wednesday, 25 November 2020. This time, favoring DC Comics.
"Granted the Plaintiff's claim in its entirety and declared the Defendant's trademark SUPERMAN as a well-known mark," as is written in the verdict of the Central Jakarta District Court.
The content of the decision of the panel of judges at the Central Jakarta Commercial Court on DC Comics' lawsuit against PT Marxing Fam Makmur, as follows:
Fully granted the Plaintiff's claim;
Declared the plaintiff's registered mark “SUPERMAN” as a well-known mark.
Declared that the Plaintiff is entitled to the mark “SUPERMAN” in Indonesia.
Declared that the registered mark "SUPERMAN" under Registration Number IDM000374439 in Class 30, and the registered Mark "SUPERMAN" under Registration Number IDM000374438 in Class 34 on behalf of PT. Marxing Fam Makmur (the Defendant) was registered on bad faith.
Declared the cancellation of registration of the mark "SUPERMAN" under Registration Number IDM000374439 in Class 30 and Registration Number IDM000374438 in Class 34 with all the legal consequences.
Ordered the Clerk of the Commercial Court at the Central Jakarta District Court to submit a copy of this decision to the Co-Defendant to cancel the registration of the registered mark "SUPERMAN" under Registration Number IDM000374439 in Class 30 and Registration Number IDM000374438 in Class 34 from the General Register of Marks and announce it in the Official Gazette of Marks.
(Source: http://sipp.pn-jakartapusat.go.id; https://news.detik.com;
https://kumparan.com/kumparannews)
By: Trade Mark Team, Biro Oktroi Roosseno Indonesia