This case began when the Plaintiffs : Hayao Miyazakias a Plaintiff 1 known as an animator, film director and screenplay writer and book / manga Japan, whois very productive increating worksforboth manga and anime / Japanese animated films,Kabushiki Kaisha NibarikiandKabushiki Kaisha Studio Ghiblias a Plaintiff 2 and Plaintiff 3 known as a corporation incorporated under the laws of Japan.

Furthermore Plaintiff I, Plaintiff II and Plaintiff III work together to use, publish and / or reproduce the name and / or the character which is created by Plaintiff 1. The character’s name “TOTORO” describe a friendly forest spirit, which is described as a combination of an owl, a cat and a tanuki [Japanese raccoon dog], created by Plaintiff 1 as the main character animated film called My Neighbor Totoro and first published on 16 April 1988. The film’s was success for children and adults audiences. Totoro and the animated film “My Neighbor Totoro” often displayed in Japan, and in various countries, namely Taiwan, Hong Kong, Korea, United States, Spain and France. Even though TOTORO is a well-known character, Masto Sukardias the defendant has proceeded to register mark “TOTORO” in bad faith as his creation.

This is the pictures of TOTOROof the Plaintiff:

totoro

The case No.72/MEREK/2008/PN.Niaga.Jkt.Pst hadbeen pronounced by Mr.Makassau,S.H.,M.H. as the chief of judges, Mr.Panji Widagdo, S.H.,M.H. andMr.Sir Johan, S.H.,M.H as judge members on Monday, Feb 2, 2009, which was attendedby us as the Plaintiff, Masto Sukardi as Defendant and the DGIPR office as Co-Defendant. The judges haddecided that the defendant was actingin bad faith in registering the TOTORO trademark. The demurrer rejectedthe Defendant’s and Co-Defendant’s demurrer in its entirety.

In the merit of the case: declaring the Plaintiff as an interested party, the Plaintiff I as the creator and Plaintiff II as the copyright holder of the character TOTORO, the Plaintiff III as the marks owner in good faith, the trademark TOTORO of the Plaintiff III as a well-known mark and declaring the 5 (five) TOTORO & Logo marks in the name of the Defendant was registered in bad faith, the 5 (five) TOTORO & Logo marks registered by the Defendant having similarities in substance with the well-known mark TOTORO of Plaintiff III and declaring the mark TOTORO & Logo filed by the Defendant to be in violation of the law and public order, canceling with all legal consequences the registration of the mark TOTORO & Logo in the name of the Defendant as well as ordering the Co-Defendant to record the cancellation and delete the TOTORO & Logo marks in the name of the Defendant at the General Marks Registry and announce in the Official Marks Gazette of the Co-defendant and punishing the Defendant tobear the costs of the case.

Thus it can be concluded that the plaintiff was the creator, the copyright holder of a valid and rightful owner of the mark TOTORO. This case was final and binding.

Reference : Case No.72/MEREK/2008/PN.Niaga.Jkt.Pst