Prestone Products Corporation v Pt. Teguh Mulia Perdana and Drs. Nengrat Kwandou

Court

Supreme Court of Indonesia

Our Position

Indonesian opposition proceedings against the registration of an allegedly infringing mark should not deter the Indonesian court from deciding on an infringement action relating to the same mark.

Outcome

Consistent with INTA’s position, the Court held that the lower court should not have deferred to the trademark office and should have made independent findings as to whether there was infringement. The Court examined the marks at issue and determined that there was a likelihood of confusion with the plaintiff’s well-known mark.

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