Central Jakarta Commercial Court (PN Jakpus) defeated lawsuits hospitality companies from the United States, Six Continents Hotels Inc. related to the PT Lombok Seaside registration and use of the brand Holiday Resort Lombok. As a result, Six Continents Hotels Inc. will file an appeal to the Supreme Court (MA).
“Declaring plaintiff (Six Continents Hotels) is rejected completely,” said Chief Justice K. Pramodana Kusuma Atmaja when reading the verdict in the PN Jakpus, Jalan Gajah Mada, Central Jakarta, Monday (06/09/2010).
Council believes there is a difference between the brands Holiday Inn and Holiday Inn Resort, owned by Six Continents Hotels brand owned by the Holiday Resort Lombok Lombok Seaside. It can be seen from different sides of the composition of letters and speech sounds, the difference in meaning of the word, as well as differences in overall appearance.
“Words can not be monopolized Holiday because it is a common word in English that means the holidays. As the words that have entered the list of common words Directorate General of IPR, as in Coca-Cola Cola, Pepsi Cola and RC Cola. Therefore DG has a lot of IPRs received a trademark registration with the word Holiday like Holiday on Ice, Holiday Asia, Planet Holiday, Flexi Holiday, and others, “he added.
Responding to these defeats, Six Continents Hotels Inc. will file an appeal. Therefore, the judges assessed the Central Jakarta Commercial Court wrong in applying the law.
“We’re definitely going to submit an appeal,” said attorney George Wijdojo & Partners office who declined to be named as a proxy of Six Continents Hotels after the hearing.
In its lawsuit No.41/Merek/2010/PN.NIAGA.JKT.PST. Six Continents Hotels explicitly objected to the use of the word Seaside Holiday Lombok used to brand the hotel as an essential part of Six Continents Hotels brand.
Holiday word usage can lead to a public impression as if the brand Holiday Resort Lombok have a relationship with Six Continents Hotels.
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