Updated: Apr 7
In our previous article, we mentioned that Seagate Technology LLC filed a cancellation lawsuit for "Seagate + Logo S" trademark against two young Indonesian entrepreneurs with case numbers 71/Pdt.Sus HKI/Merek/2019/PN Niaga Jkt.Pst.
The lawsuit was filed as the Defendants' trademark "Seagate + Logo S" under registration number IDM000082762 has similarities in principal with the trademark owned by Seagate Technology LLC, who claimed their trademark is a well-known trademark.
The lawsuit of the Seagate Technology LLC against Defendants I and Defendant II was granted entirely by the panel of judges of the Central Jakarta Commercial Court on Monday, 10 March 2020. The panel of judges granted all eight petitions of the plaintiff after considering it one by one. Apart from granting the petitions, the panel of judges further recognized that: The Plaintiff is the first Hard Disc Drive (HDD) producer in the United States.
As a result, the panel of judges declared that the "Seagate" trademark of the plaintiff's logo is a well-known trademark. After being proven in the trial, the petition was granted, on the grounds that it had been registered in 56 countries.
The panel of judges eventually ordered the defendant to cancel the "Seagate + Logo S" trademark with registration number IDM000082762 in class 9 on behalf of Defendant I and Defendant II and remove it from the General Register of Trademarks and announce it in the Official Gazette of the Trademark with all its legal consequences.
The panel of judges also rendered their decision to punish the Defendants for paying fees or costs incurred in this case and announcing it in the Official Gazette of the Trademark with all its legal consequences.
However, the plaintiff's petition concerning the request to the panel of judges to declare this decision to be carried out first even if there is Verzet, Appeals and Cassation (Uit Voer Barr Bij Vooraad) was not granted by the panel of judges.
By: Trade Mark Team, Biro Oktroi Roosseno Indonesia