Analisis Yuridis Putusan Sengketa Merek antara Starbucks Corporation dan PT Sumatra Tobacco Trading Company(Studi Putusan Makamah Agung Nomor 836 K/PDT.SUS-HKI/2022)

Abstract

A trademark, which is a form of intellectual property, is essentially a sign used to distinguish the origin of goods and services from one company from those of another. The brand dispute case that arose in Cassation Decision Number 836 K/PDT.SUS-HKI/2022 pitted the Sumatra Tobacco Trading Company against the US coffee franchise Starbucks. Several issues were raised as a result of this decision, including how to protect registered trademarks, how to settle trademark disputes, and what the judge's legal considerations were in the trademark dispute between Starbucks Corporation and PT Sumatra Tobacco Trading Company over Strbuck as a well-known brand based on decision No. 836 K/Pdt. Sus-Hki/2022. A case study approach to decisions is the research methodology employed in this work, which is juridical-normative. The author employed primary, decisionbased, and secondary research data. The author's method for gathering data included looking through some data or supporting sources through literature research, and the study's data analysis was qualitative. Well-known brands can be protected in two different ways: through preventive legal measures like trademark registration and reflective legal measures like filing a lawsuit. According to the Supreme Court's ruling in case number 836 K/Pdt.Sus- HKI/2022, it was established that PT.STTC had performed the Mark matching even though many class types were registered. Arbitration or other alternative dispute resolution procedures can be used to address trademark issues. Legislation Number 20 of 2016 governing Trademarks and Geographical Indications, which requests the deletion of the "Starbucks" Mark for Class 34 owned by PT Sumatra Tobacco Trading Company (STTC), is the foundation for the judge's consideration in Decision Number 836 K/Pdt.Sus-HKI/2022.