JAKARTA - Artist and culinary entrepreneur, Ruben Onsu, must give up ownership rights to the trademark 'Geprek Bensu'. This is because the Supreme Court (MA) canceled Ruben Onsu's lawsuit regarding the case of 'Bensu' trademark Intellectual Property Rights.
Where previously, the husband of the artist Sarwendah filed a lawsuit at the Central Jakarta Commercial Court on August 23, 2018 with case number 48 / Pdt.Sus-HKI / Merek / 2018 / PN Niaga Jkt.Pst. At that time, Ruben sued, PT Ayam Geprek Benny Sujono as the holder of the brand 'I Am Geprek Bensu Sedep Beneerrr' which was considered to have the same name with his trademark.
But unfortunately, the lawsuit was rejected by the panel of judges at the Central Jakarta Commercial Court, on February 7, 2019. Not broken, Ruben filed a lawsuit again on August 23, 2019. Meanwhile, the defendants were still the same, namely PT Ayam Geprek Benny Sujono and the Directorate of Trademarks and Geographical Indications.
Unfortunately, in the decision Number 57 / Pdt.Sus-Mark / 2019 / PN Niaga Jkt.Pst which was read out at the Central Jakarta Niaga District Court, on January 13, 2020, the judge rejected the applicant's claim with the full name Ruben Samuel Onsu in its entirety.
"To completely reject the claim of the plaintiff, Ruben Samuel Onsu," the verdict was quoted from the MA's official website, Thursday, June 11.
In its excess, the Supreme Court also upheld the previous decision on the ownership of a trademark named 'Geprek Bensu'. Where the judge stated that PT Ayam Geprek Benny Sujono was the owner and first legal user of the 'I Am Geprek Bensu' brand and others.
For this reason, the Supreme Court also requested that the registration of the property rights of 'Geprek Bensu' to Ruben Samuel Onsu be canceled. In addition, the judge stated that the application for the six Geprek Bensu trademarks submitted by Ruben Onsu was canceled, in the form of illustrations, logos and name abbreviations.
"Ordered the Ministry of Law and Human Rights of the Republic of Indonesia cq. Directorate General of Intellectual Property and Rights cq. Directorate of Trademarks and Geographical Indications (in casu Co-Defendant Reconciliation) to carry out the cancellation of the brands in the name of RUBEN SAMUEL ONSU, namely by crossing out registration of these marks from Indonesia. Register of Trademarks, with all the legal consequences, "explained MA.
Furthermore, the Supreme Court stated that the contendent plaintiff and the counter-defendant had to pay a court fee of Rp1.91 million. Previously, Ruben filed this lawsuit at the Central Jakarta District Court on 23 August 2019.
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