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Adenfa, Alexandrio
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Law, Crime, Criminology & Criminal Justice

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Trademark Dispute Between Starbucks Corporation and Sumatera Tobacco Trading Company: An Analysis of the Supreme Court Decision No. 836 K/PDT.SUS-HKI/2022 Adenfa, Alexandrio; Rasji, Rasji
Jurnal Mahkamah : Kajian Ilmu Hukum dan Hukum Islam Vol. 10 No. 1 June (2025)
Publisher : Institut Agama Islam Ma'arif NU (IAIMNU) Metro Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25217/jm.v10i1.6174

Abstract

This research analyzes the application of good faith principle in trademark registration, particularly in the trademark dispute between Starbucks Corporation and PT. Sumatera Tobacco Trading Company decided by Supreme Court Decision No. 836 K/PDT.SUS-HKI/2022. The research aims to analyze the implementation of good faith principle in well-known trademark registration under Law No. 20 of 2016 and evaluate the Supreme Court's legal considerations in protecting well-known trademarks. This normative legal research uses statutory and case analysis approaches, with primary legal sources (laws and court decisions) and secondary sources (books, journals, legal articles). Data analysis is conducted descriptively with inductive conclusions. Results show that the Supreme Court successfully applied the good faith principle by canceling the "Starbucks" trademark registration owned by PT. Sumatera Tobacco Trading Company, proven to be conducted in bad faith to exploit the fame of a well-known trademark. This decision strengthens cross-class protection for well-known trademarks and provides legal certainty that trademark registration must be conducted in good faith to prevent unfair business competition.
Co-Authors Rasji, Rasji