Polo Raplh Lauren Brand Rebutan, Who Really Has The Right?

Left to Right: Hasan (Director), Denny Tjung (Jubir Polo by Ralp Laurent), Faisal J Madani (Director), F. Frangky (Managing Director), Janly Sembiring (Legal Team). (IST)

JAKARTA - Who doesn't know the logo of people riding horses listed on the famous Polo t-shirt product with the Polo by Ralph Lauren trademark. However, it turns out that since 1986 there has been a fairly popular brand dispute. How did this feud end?

An individual from Moodar HB as the holder of the brand transfer from Jon Whiteley in 1986 with the registration number brand 173934 at the Director General of Intellectual Property Rights (HAKI) of the Ministry of Law and Human Rights (Kemenkumham) sued the Polo trademark by Ralph Lauren used by the Polo t-shirt production company in Indonesia, namely PT Polo Ralph Lauren Indonesia (PT PRILI) and other Polo Brand holders from PT Manggala Putra Perkasa (PT MPP) and on behalf of Fahmi Babra.

The Moavoid HB lawsuit with the Basic Evidence of the Case is no longer valid/deleted, namely Merk List 173934 with Brand Eticket Ralph Lauren by the Commercial Court at the Central Jakarta District Court (Jakpus) with decision number 140/PDT.G/1995/PN.JKT.PST on August 18, 1995 and Cassation Decision number 3101 K/Pdt/1999 on June 14, 2001.

Then Moadar HB again sued PT PRI, PT MPP, Fahmi Babra and the Director General of HAKI on August 22, 2022 and was decided to win by the Commercial Court at the Central Jakarta District Court with case number 84/Pdt.Sus-HKI/Merek/2022/PN.Niaga.Jkt.Pst and Cassation with decision number 365 K/Pdt Sus-HKI/2023.

Then at the first level the District Court with case number 83/Pdt.Sus-HKI/Merek/2022/PN.Niaga.Jkt.Pst and Cassation with decision number 465 K/Pdt Sus-HKI/2023 and at the first level of the District Court with case number 93/Pdt.Sus-HKI/Merek/2022/PN.Niaga.Jkt.Pst and Cassation with decision number 614 K/Pdt Sus-HKI/2023.

"Well, this is quite interesting for us, there are many irregularities in the decision. How can the plaintiff Moavoid HB who does not have a brand be able to use the Register 173934 Brand with the Ralph Lauren Brand Eticket which was deleted in 1995 through a court decision and a cassation decision in 2021. No legal standing / illegal / no certificate can sue us as a company and a legal brand owner?," said PT PRI and PT MPP spokesman, Denny Tjung at a press conference in Jakarta, Thursday 01 June.

Denny continued, his party could not accept the decision and would take legal action to review (PK) to the Supreme Court (MA) and also reported the alleged criminal element to the National Police Headquarters and asked for a request for legal protection and justice for the Polo by Ralph Lauren trademark lawsuit to the Coordinating Minister for Political, Legal and Security Affairs (Menkopolhukam), Mahfud MD.

"I ask, how could we be defeated from the first level of the Central Jakarta District Court to the Kasasi level in the Supreme Court using a brand that has been removed by 173934 at the Director General of Intellectual Property Rights. We cannot accept as the holder of the valid 14 brands Polo by Ralph Lauren from two PT PRI and PT MPP companies as well as the holder of three brands in the name of Fahmi Babra who has been officially registered with the Director General of Intellectual Property at the Ministry of Law and Human Rights," he explained.

Denny revealed that companies that have been doing business or business activities for decades that are legal in accordance with applicable legal provisions will be threatened with the decision and will have an impact on thousands of employees throughout Indonesia.

"Of course, if the decision is carried out, it will have an impact on the fate of thousands of employees, partners and the loss of contribution to state tax revenues due to the possibility of stopping operations of Polo Ralph Lauren stores throughout Indonesia," he said.