Analisis Yuridis Sengketa Merek Ikea Produk Perabotan dan Peralatan Rumah Tangga antara Inter Ikea System B.V. dan PT. Ratania Khatulistiwa (Studi Putusan Mahkamah Agung No. 264K/Pdt.Sus-HKI/2015 antara Inter IKEA System B.V. dan PT. Ratania Khatulistiwa)

Abstract

Trademarks play a significant role as they identify the origin of goods or services, making their philosophical function essential. Trademark disputes among business actors often arise due to the associated brand reputation. A trademark serves as a product or service identity with an established reputation and guarantees product quality. This study adopts a normative juridical research method with a descriptive research nature. The research approach combines the statute approach and case approach. Secondary data used includes primary, secondary, and tertiary legal materials. Data collection techniques involve literature reviews and document studies. The collected data is analyzed qualitatively. The research findings reveal that IKEA Sweden, as a well-known trademark registered in Indonesia, did not receive legal protection under Indonesian Trademark Law, including Law No. 15 of 2001 and Law No. 20 of 2016, despite stricter provisions on well-known trademarks in Law No. 20 of 2016. As a result of the lawsuit filed by IKEA Surabaya, IKEA Sweden, lost its trademark rights in Indonesia. In Case No. 264K/Pdt.Sus-HKI/2015, the court made an incorrect judgment due to its failure to consider the "first to file" principle, the principle of good faith, and the philosophical foundations of trademark registration.