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All Journal JURNAL CENDEKIA HUKUM JOURNAL EQUITABLE
Sri Arlina
Islamic University Of Riau
Law, Crime, Criminology & Criminal Justice

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IMPLEMENTATION OF LEGAL PROTECTION THE FAMOUS TRADEMARKS IKEA AND SEPHORA BRAND (TRADEMARK’S LAW PERSPECTIVE) Sri Arlina; Anggraini Dwi Milandry
Jurnal Cendekia Hukum Vol 8, No 1 (2022): JCH (JURNAL CENDEKIA HUKUM)
Publisher : STIH Putri Maharaja

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33760/jch.v8i1.563

Abstract

In Indonesia, there have been many disputes over famous trademarks which ended by the cancellation and deletion of registered. This research aimed to describe and find out about, first, the legal protection of the right of famous trademarks rights based on law trademarks and second, implementation the legal protection of the right of famous trademarks rights (MA decision study of IKEA and SEPHORA brand). This research used the normative juridical method with a statutory and a case approaches. The result of this research first is the legal protection of the right of famous trademarks rights based on based on law trademark uses a constitutive system. One of the rules governing the Protection of Famous Marks is regulated in Article 21 (1). Furthemore, the implementation of the legal protection on the right of famous trademark in the case of the IKEA trademarks constrained by the difference interpretation of Article by the Panel of Judges and resulted ended by famous trademarks are fail to be protected. Meanwhile in the case of the SEPHORA trademarks implementation of the legal protection of the right of famous have protected the trademarks.
TINJAUAN PERLINDUNGAN KARAKTER FIKSI MELALUI MEREK BERDASARKAN STUDY KASUS SENGKETA MEREK SUPER MARIO BROSi Sri Arlina; Radian Suparba; Teguh Rama Prasja
JOURNAL EQUITABLE Vol 7 No 2 (2022)
Publisher : Prodi Ilmu Hukum Fakultas Hukum Universitas Muhammadiyah Riau

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37859/jeq.v7i2.4274

Abstract

The case of a fictional character who became a trademarks is the case of the "Super Mario Bros" trademarks in which individual trademarks holders, Indonesian companies and the Director General of Intellectual Property were sued by a well-known game company, Nintendo. The crew of 'mario bros' characters were used as packaging designs and characters in the game, but because the game has been loved by people in countries such as Australia, Malaysia, India, China, including Indonesia in the 90s (nineties), Nintendo decided to register the character. "super mario bros" and its variants use trademark registration media. This means that the Nintendo company avoids legal turmoil caused by irresponsible parties to use fictional characters have sold tens of thousands of copies.However, even though it has been registered, there are still parties who have managed to get the rights to the brand with the "Super Mario Bros" logo. Registered in 1994 in the name of an individual or individual before being transferred to a legal entity or company.
Co-Authors Anggraini Dwi Milandry Radian Suparba Teguh Rama Prasja