SIS CONTINENTS HOTEL, INC (Plaintiff) filed the cancellation lawsuit against “HOLIDAY RESORT LOMBOK” trademark that owned and legally registered by PT. LOMBOK SEASIDE COTTAGE (Defendant) at the Commercial Court of Central Jakarta District Court register number 41/Merek/2010/PN. Niaga.Jkt.Pst.

The substante of the lawsuit was the Plaintiff as the owner of “HOLIDAY INN” and “HOLIDAY INN RESORT” trademark objected to the use of “HOLIDAY” trademark including “HOLIDAY RESORT LOMBOK” trademark owned by Defendant.

The panel of judge consisting of Mr. Pramodana K. Kusumah Atmadja, Mr. Marsudin Nainggolan, and Mr. Ennid Hasanuddin who examined this case gave legal considerations that there was no similarities between Plaintiff’s Trademark and Defendant’s Trademark and the word “HOLIDAY” was not it’s essential part. Moreover, the registration of “HOLIDAY RESORT LOMBOK” trademark by Defendant was in good faith so that it must be protected by law. This verdict issued on September 6, 2010.

The Plaintiff objected the verdict and filed appeal to the Supreme Court. In the Supreme Court’s issued the judgement number 985 K/Pdt.Sus/2010 on February 9, 2012 with the panel of judge consisting of Ms. Mieke Komar, Mr. H. Achmad Yamanie and Mr. Soltoni Mohdally. In it’s legal considerations, the Supreme Court declared the legal considerations of the Commercial Court (Judex Facti) had been in accordance with the law.