Perlindungan Hukum dalam Sengketa Merek BMW vs BMW Body Man Wear; Studi Putusan Mahkamah Agung Nomor 29.PK/PDT.SUS-HKI/2016

Abstract

Abstract:

The main problem in this study is the analysis of the protection of well-known brands, especially in the element of equality that basically applies to non-similar goods. In addition to analyzing the consideration of judges Number 29 PK / Pdt.Sus-HKI / 2016 which contains trademark disputes between BMW brands and BMW Body Man Wear. The research method uses a normative juridical approach. The results showed that the element of equality in principle applies to goods of different types because it is a principal element that exists in the legal order of the brand associated with the distinguishing power element that exists in a brand. The panel of judges in deciding this case considers SEMA Number 3 / BUA.6 / HS / SP / XII / 2015 which states that all cases of filing claims for cancellation of brands that have similarities in principle in non-similar goods, the lawsuit must be declared with amar 'is not acceptable 'because the Government Regulation mandated by Law Number 15 Year 2001 Concerning Trademarks has not yet been enacted.

Keywords: Trademark Protection, Elemental Equality Principals, Decision Analysis