Record Details

Identifying, Preventing and Overcoming Trademark Bullying in Indonesia

NOPR - NISCAIR Online Periodicals Repository

View Archive Info
 
 
Field Value
 
Title Identifying, Preventing and Overcoming Trademark Bullying in Indonesia
 
Creator Permata, Rika Ratna
Ramli, Tasya Safiranita
Priowirjanto, Enni Soerjati
Utama, Biondy
 
Subject Trademarks
Trademark Bullying
Indonesian Trademark Law
Intellectual Property
Genericide
 
Description 389-396
On the one side, trademark owners must be proactive in protecting their trademark from other trademarks to prevent their
trademark from becoming generic. However, on the other side, it can cause negative effects for the community, especially
trademark owners who are categorized as small business owners. The act of trademark owners excessively protecting their
trademarks by accusing small businesses of violating their trademark is termed “trademark bullying”. This article's
discussion will focus on a number of important goals. In addition, it will provide explanations and definition of trademark
bullying, as well as identifying preventing and overcoming trademark bullying in Indonesia. It can be concluded that
trademark bullying has occurred in Indonesia. The disputed issue is the use of a common word that the trademark owner
considers an essential element of his/her trademark. To prevent trademark bullying that takes issue with the use of the
common word of a brand, Indonesian government must start making regulations on descriptive fair use defense in order to
provide legal certainty and healthy business competition. To be able to overcome trademark bullying, victims can try
shaming the trademark bullies. It is considered quite effective and can make trademark bullies rethink in sending cease-anddesist
letter or lawsuit against small business owners.
 
Date 2023-01-25T06:52:44Z
2023-01-25T06:52:44Z
2023-01
 
Type Article
 
Identifier 0975-1076 (Online); 0971-7544 (Print)
http://nopr.niscpr.res.in/handle/123456789/61255
https://doi.org/10.56042/jipr.v27i6.57066
 
Language en
 
Publisher NIScPR-CSIR, India
 
Source JIPR Vol.27(6) [November 2022]