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Indonesia Trademark Update: Mario and Luigi in ‘Super Court’

Updated: Jan 25, 2021

Nintendo Co., Ltd. a Japanese multinational consumer electronics and video game company with headquartered in Kyoto, was founded in 1889 by Fusajiro Yamauchi. Nintendo Co., Ltd. globally develops, manufactures and sells home-use video game hardware and software in the home entertainment business. The company also produces home-game products including cards.

Nintendo Company, Ltd. is known worldwide for the characters of Mario, Zelda, Luigi, Donkey Kong, and hundreds of Pokémon "pocket monster" characters. Nintendo's Game Boy handheld gaming systems have ruled the market since their debut, and its gaming console, the GameCube, overtook Xbox as the second most popular console after Sony's PlayStation 2.

The company has grown within the century into one of the biggest and most influential gaming companies in the world. Nintendo has multiple subsidiaries in Japan and abroad. Both the company and its staff have received numerous awards for their achievements.

During the peak of Nintendo's success in the video game industry during the 1990s, its name was ubiquitously used to refer to any video game console, regardless of the manufacturer. To prevent its trademark from becoming generic, Nintendo pushed the term "game console", and succeeded in preserving its trademark. Some of Nintendo's most widely recognized trademarks include Nintendo®, Nintendo 3DS™, Nintendo Switch™, Nintendo Labo™, amiibo™, Game Boy™, Pokémon™, Super Mario™, and The Legend of Zelda™. Nintendo’s trademark has been filed in many countries throughout the world and registrations have been issued in Nintendo's name in many countries.

Mario & Luigi are characters in the Mario video game franchise, owned by Nintendo and created by Japanese video game designer. The character has also been registered as a trademark in some countries.

However, in Indonesia, a local company named PT. Cardolestari Indonesia and a local Businessman named Eddy Tumewu, have registered the trademark of Super Mario Bros at the Indonesian Trademark Office under Registration No. IDM000007313. Pursuant to this matter, Nintendo Company, Ltd. filed a cancellation lawsuit at the Central Jakarta Commercial Court under Case No. 58/Pdt.Sus-HKI/Merek/2020/PN Jkt.Pst.

The suit filed by Nintendo Company, Ltd. requests the court to cancel Super Mario Bros’ trademark registration No. IDM000007313 belonging to the Defendants from the General Register of Marks with all the legal consequences; stating that trademark of Super Mario Bros, the characters Mario and Luigi and their variants belonging to the Plaintiffs are well-known marks. The Plaintiff further requested for the court to declare that the trademark of Super Mario Bros No. IDM000007313 has similarity substantially and/or in its entirety with the famous trademark of Super Mario Bros, the characters Mario and Luigi and their variants belonging to the Plaintiff, and to declare that trademark of Super Mario Bros on behalf of the Defendants has been filed on bad faith, and grant the entire Plaintiff's claim in the lawsuit.

The defendants registered their respective trademarks in class 25 for goods such as apparel for men, women and children, socks, ties, hats, gloves, belts, shoes, sandals, slippers, shoe soles, veils, headbands, wristbands, knee protectors, etc.

Currently, this case is still at the early stages of court hearings, and the verdict of the court has not yet been made.

By: Trade Mark Team, Biro Oktroi Roosseno Indonesia

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