J-CEKI
Vol. 4 No. 1: Desember 2024

Legal Protection of Well Known Brands Against Passing Off By Local Entrepreneurs : Case Study of Passing Off of the French Shepora Brand by Shepora Batik

Muhajir Muhajir (Institut Agama Islam An-Nawawi Purworejo)
Saifudin Saifudin (Institut Agama Islam An-Nawawi Purworejo)
Lunaraisah Lunaraisah (Universitas Sebelas Maret Surakarta)



Article Info

Publish Date
12 Dec 2024

Abstract

The purpose of this research is to determine the criteria that indicate that the Plaintiff's Shepora is a well-known mark that must be protected and how to prove if there has been a passing off of the Plaintiff's mark (Shepora) by Shepora Batik (defendant). This research is a study of documents related to the Passing off of the French Shepora Brand by Shepora Batik. The research results show that the two marks have similarities in essence, because the Defendant's mark also contains the words Sephora, which is the dominant element in the Plaintiff's mark and is also the Plaintiff's mark which has been registered in several countries in the world. The two brand writings are similar in terms of placement, writing method, and letter elements that make up the word Sephora itself, so they produce exactly the same sound when read. The Plaintiff's Sephora was registered in various countries long before the Defendant's brand was registered in Indonesia. If there are similarities in writing, speech and sound with the Plaintiff's brand, it can be ascertained that the Defendant's intentions are other than wanting to piggyback on and benefit from the popularity of the Sephora brand.

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Journal Info

Abbrev

J-CEKI

Publisher

Subject

Humanities Social Sciences

Description

J-CEKI : Jurnal Cendekia Ilmiah diterbitkan oleh CV. ULIL ALBAB CORP. J-CEKI terbit 6 kali dalam setahun atau tiap 2 bulan sekali. J-CEKI menerbitkan artikel bidang Humaniora dan Ilmu Sosial. Humaniora: Bahasa dan Linguistik, Sejarah, Sastra, Seni Pertunjukan, Filsafat, Agama, Seni Rupa. Ilmu ...