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All Journal Dialogia Iuridica
Redita Septia Sari H
IAIN Kendari
Law, Crime, Criminology & Criminal Justice

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The Socio–Juridical Dimensions of Passing Off in Indonesia Fatihani Baso; Andi Novita Mudriani Djaoe; Redita Septia Sari H
Dialogia Iuridica Vol. 15 No. 1 (2023): Dialogia Iuridica Journal Vol. 15 No. 1 Year 2023
Publisher : Faculty of Law, Maranatha Christian University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28932/di.v15i1.7538

Abstract

There are many business actors marketing products that resemble well-known brands in Indonesia. To prove whether the Passing Off phenomenon occurs or not in Indonesia, the authors use The Classical Trinity Theory. The article’s aim is to explain the socio–juridical dimensions of passing off in Indonesia. Seeing that in Indonesia there are many business actors marketing products that resemble well-known brands. To prove whether the Passing Off phenomenon occurs or not in Indonesia, the author uses The Classical Trinity Theory. The research uses a juridical-normative method, with statute and conceptual approach based on literature study, analyzed qualitatively. The Classical Trinity Theory is a theory used as a basis for assessment which states whether a passing-off action occurred or not. First, Goodwill, is whether business actors use the reputation of well-known brand owners to support their business. Second, misrepresentation, there is confusion by consumers regarding genuine products and fake products. Third, damage, there is an element of deceptive branding and goods or services which could very well result in losses experienced by the owner of the well-known brand as a result of copying the company's identity.
Co-Authors Andi Novita Mudriani Djaoe Fatihani Baso