Analisis Yuridis Sengketa Merek Kuliner Akibat Persamaan pada Pokoknya antara ‘Warung Makan Ibu Gambreng’ dan ‘Nasi Gambreng Bu Esti’ (Studi Putusan Nomor 988 K/Pdt.Sus-Hki/2024)

Abstract

This study aims to legally analyze the trademark dispute between "Warung Makan Ibu Gambreng" and "Nasi Gambreng Bu Esti" as decided in the Supreme Court Decision No. 988 K/Pdt.Sus-HKI/2024. The dispute focuses on the issue of substantial similarity, which led to the cancellation of the "Nasi Gambreng Bu Esti" trademark registration due to its substantial resemblance to the previously registered "Warung Makan Ibu Gambreng" trademark. This research uses a normative legal research method with a conceptual and case approach, as well as data collection techniques through literature studies covering relevant laws, legal literature, and jurisprudential documents. The research method used in this study is normative legal research with conceptual and case approaches. Data is collected through literature research, which includes laws and regulations, legal literature, and relevant jurisprudential documents related to trademark disputes, particularly those concerning substantial similarity and intellectual property rights. This study analyzes the legal aspects related to trademark similarity in the context of protecting legitimate trademarks and the application of the good faith principle in trademark registration to prevent unfair business competition. The findings show that there is a substantive similarity between the two trademarks, indicating that the registration and use of the contested mark were carried out in bad faith (in violation of the principle of good faith) and may harm the legitimate owner of the original mark. The Defendant’s trademark registration is considered to have been made in bad faith because it exploited the reputation of an existing well-known mark without authorization from the rightful owner. This study also examines the legal consequences of the Supreme Court’s decision, including trademark cancellation and the legal protection granted to the lawful trademark owner in order to prevent unfair competition. Furthermore, this research highlights the importance of applying the good-faith principle in trademark registration and provides insights that may be useful for policymakers in strengthening trademark protection in Indonesia.