Amicus Brief

PT Bintang Pesona Jagat v. PT Karya Tajinan Prima

Published: October 19, 2011

Court

Supreme Court of Indonesia

Our Position

The court should overturn the decision of the Commercial Court because 1) the fact that the defendant had been granted an excise license based on a statement that its tobacco products were not similar to the products of another should not prevent consideration of the plaintiff’s trademark law claims; and 2) the fact that the plaintiff did not use its trademark exactly as registered should not result in invalidation of its trademark registration.

Outcome

The case was dismissed for procedural reasons and not heard by the Supreme Court.

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