Tinjauan Yuridis Terhadap Visual Similarity (Persamaan Secara Visual) Pada Sengketa Merek Antara PT. Tong Shen Enterprise CO., LTD Melawan PT. Inti Jaya Lemindo (Studi Putusan PN Nomor 106/Pdt.Sus-Hki/Merek/2022/PN Jkt.Pst)

Abstract

Trademark Dispute between PT. Tong Shen Enterprise Co. Ltd against PT. Inti Jaya Lemindo, began when PT. Tong Shen Enterprise (as the plaintiff) knew that its trademark had similarities in essence or entirety with the trademark owned by PT. Inti Jaya Lemindo (defendant) and it turns out that they also have the same or similar type of goods, namely adhesive glue. In interpreting similarities in brands, it is important to examine the elements of the brand that exist between brands, especially in the interpretation of law enforcers in assessing the elements of Visual Similarity in trademark similarity disputes in Indonesia. The problems in writing this thesis include how to regulate the general regulation of brand similarity in Indonesia, how to regulate Visual Similarity in trademark similarity disputes in Indonesia, and how to analyze the case between PT Tong Shen Enterprise and PT Inti Jaya Lemindo (Decision Number 106/Pdt.Sus-HKI/Memerk/2022/PN.Jkt.Pst). Using normative juridical methods, the researcher will analyze how the application of the element of Visual Similarity in disputes between PT. Tong Shen Enterprise against PT. Inti Jaya Lemindo. This study uses secondary data sources consisting of primary, secondary, and tertiary legal materials. The data collection technique uses literature studies by analyzing various literature. The conclusion in this study is that based on Decision Number 106/Pdt.Sus-HKI/Memerk/2022/PN.Jkt.Pst, the application of visual similarity in the process of resolving the PT. Tong Shen Enterprise against PT. The Inti Jaya Lemindo has not been carried out consistently and thoroughly. The two brands cannot be said to have similarities in substance or as a whole, because the brands being compared must be seen as a whole and cannot be seen individually. In this dispute, the panel of judges only assessed the visual elements in the form of the logo contained in the two brands, even though the PT. The plaintiff's Tong Shen Enterprise Agenda Number IDM000236218 has strong differentiating power in terms of shape, way of writing, color combination, and overall appearance.