On August 10, 2017, Harley Davidson (Plaintiff) filed a lawsuit because it did not accept the emergence of the Harley Davidson Blend brand produced by PT Sumatra Tobacco (Defendant). The Plaintiff intends to cancel the defendant’s mark through the Central Jakarta Commercial Court.
The Plaintiff filed for the inclusion of the name ‘Harley Davidson’ in the Defendant’s trademark registered in classes 29, 30, and 32. Data from the Directorate General of Intellectual Property (DJKI) states that class 29 protects types of processed foods. Furthermore, class 30 protects the types of snacks, tea, coffee, and sugar. And class 32 protects different kinds of drinking water and syrup.
The product being sued by the Plaintiff is the type of coffee drink and its variations produced by the Defendant. The Plaintiff claims that the Defendant’s trademark was registered in bad faith, on the grounds of plagiarizing the well-known Harley Davidson brand. Thus, the Plaintiff asked the panel of judges to cancel the Defendant’s trademark.
In his objection, the Defendant revealed that the Plaintiff is not the party that owns the brands in classes 29, 30, and 32. The Defendant’s Harley Davidson Blend brand is in the soft drinks and coffee classes. However, what is highlighted is the logo of the Harley Davidson Blend brand which takes advantage of the fame of the original Harley Davidson motorcycle logo and traces the official cigarette brand of Harley Davidson: Custom Harley Davidson Blend. However, this cigarette product is not registered in Indonesia.
The final decision of the panel of judges is to completely reject the exception and remove the Harley Davidson Blend brand in the Official Gazette of Brands.
Am Badar & Am Badar as one of the leading Intellectual Property Consultant offices in Indonesia, of course, often have problems regarding Intellectual Property such as Trademark Rights. The importance of consulting the list of registered trademark names before registering a trademark or other Intellectual Property as well. Contact us via email email@example.com
- www.dgip.go.id (accessed on 5th April 2021)
- https://kabar24.bisnis.com/read/20170928/16/693949/harley-davidson-gugat-pt-sumatra-tobacco-begini-kasusnya (accessed on 5th April 2021)