Updated: Jan 25, 2021
In our previous Newsletter June 2018 – 27th Edition, we mentioned that DC Comics, a comic book publisher from the United States, filed a lawsuit against the local company PT. Marxing Fam Makmur, domiciled in Surabaya, at the Commercial Court of Central Jakarta. The result was that PT. Marxing Fam Makmur won against DC Comics. Thus, the local company is the party entitled to use the "Superman" trademark in Indonesia.
The Supreme Court asserted the "Superman" trademark on the Indonesia wafers PT. Marxing Fam Makmur produced had nothing to do with DC Comics who had the Superman comic character. Based on the decision of the Supreme Court, the Panel of Judges of the Commercial Court at the Central Jakarta District Court considered the plaintiff's lawsuit as vague and unclear due to the combination of their request for the cancellation of Defendant’s mark, with their request to register the "Superman" mark in their name. Registration for new trademarks is not within the jurisdiction of the Commercial Court.
Further, it was established that the Defendant’s wafers products have been consumed by the Indonesian consumers widely since before 2013. The “Superman” trademarks have been registered, with Registration numbers IDM000374438 and IDM000374439. The “Superman” wafers have been a trademark of PT Marxing Fam Makmur since 1993.
Unsatisfied with this result, the Plaintiff has now proceeded with the next stage of this case again, in the Commercial Court of Central Jakarta under the registration number 29/Pdt.Sus-HKI/Merek/2020/PN Jkt.Pst.
DC Comics, the plaintiff, claimed exclusive rights to the "Superman" trademark in Indonesia. They requested the cancellation of both the defendant's marks, IDM000374439 in class 30 and IDM000374438 in class 34. DC Comics also stated that their "Superman" trademark is a well-known trademark.
By: Trade Mark Team, Biro Oktroi Roosseno Indonesia