| dc.description.abstract | The thesis studies the legal certainty of the trademark in a dispute between Gudang
Garam and Gudang Baru which shows substantial similarity to the trademark of Gidang
Garam well-known as a type of commodity in class 34, namely unfiltered cigarettes.
The research problems are how about the legal certainty of the criteria of the famous
trademark and substantial similarity to the famous trademark reviewed from the
prevailing laws and regulations, how about the litigation that can be taken by the owner
of the famous trademark trademark in order to gain legal protection against violations
to substantial similarity, and how about the legal certainty for the famous trademark in
the trademark dispute between Gudang Garam and Gudang Baru. This research
employs normative method and statutory approach with a case study. It uses legal
materials consisting of primary, secondary, and tertiary legal materials. The technique
and instrument used for collecting data are library study and documentation study. The
findings demonstrate that the legal certainty for the criteria of a famous trademark
against substantial similarity is clearly regulated in the elucidation of Article 21 in the
Law Number 20/2016 on Trademark and Geographical Indication. The litigation that
can be taken by owner of the famous trademark is filing a lawsuit in case there is a
violation to the exclusive rights that they have. The panel of Judges have different legal
considerations concerning the dispute between Gudang Garam and Gudang Baru, in
the Cassation Verdict Number 162 K/Pdt.Sus-HKI/2014, which enforcement does not
provide legal certainty since Gudang Garam has normatively met the criteria of a
famous trademark and Gudang Baru is proven to have bad faith and substantial
similarity to Gudang Garam. In this case, it is suggested that the Judges pay attention
to the jurisprudence of verdicts of former judges as guidance for settling a dispute over
a famous trademark. | en_US |
