ANALISIS YURIDIS SENGKETA HAK MEREK ANTARA AYAM GEPREK BENSU DAN PT. AYAM GEPREK BENNY SUJONO (STUDI KASUS : PUTUSAN NO 57/PDT.SUS-MEREK/2019/PN NIAGA JKT.PST)

Abstract

When a product wants to be sold and introduced to the wider community and consumers, a company requires an identification of the origin of the goods or services concerned with the producer, namely, Trademarks. Trademarks are regulated in Law number 20 of 2016 concerning Brands and geographical indications. in the case decision number No. 57/Pdt.Sus-Merek/2019/Pn Niaga Jkt.Pst the case of a trademark dispute between Ruben Onsu's Ayam Geprek Bensu and Benny Sujono’s Ayam Geprek Ltd. in a trademark dispute over BENSU name which started when Ruben Onsu was appointed as an Brand Ambassador for Benny Sujono’s Ayam Geprek.Ltd then Ruben Onsu built his own Ayam Geprek business and sued Benny Sujono’s Ayam Geprek.Ltd, the lawsuit filed was related to the trademark rights in Bensu's name, previously Benny Sujono’s Ayam Geprek Ltd. was the first one who registered the trademarks and ran the business. This research method is normative juridical which is descriptive in nature so that the data that has been collected can be analyzed qualitatively the theoretical basis refers to article 1 paragraph 1, 2,3,4, article 21, article 35, article 83, article 100 of Law no. 20 of 2016 concerning Brands and Geographical Indications. The judge's considerations and decisions were appropriate in deciding the trademark dispute between the two Ayam Geprek Brands, where Benny Sujono’s Ayam Geprek.Ltd did the first registration of the brand, but in this case the principle of legal protection has not been fulfilled to Benny Sujono who should get legal protection both preventive and repressive when first registering the trademark.