“STIHL is a Well-Known Trademark”, said Panel of Judges of Central Jakarta District Court

ANDREAS STHIL AG & Co. KG, a Germany enterprise, filed a cancellation lawsuit through commercial court at Central Jakarta District Court against Hendra Christian because of trademark infringement of 7HILS trademark, which registered by Hendra Christian, is similar to the STIHL trademark. The Director of Marks was also summoned by the Panel of Judges because their responsibility for publishing, providing a trademark certificate and registering 7HILS trademark in General Register of Marks.

As claimed by ANDREAS STIHL, Hendra Christian registered the 7 HILS trademark in bad faith and had an intention to free-ride the STIHL which is a well-known trademark that can be proved with trademark certificates in several countries, including Asian and EU nations.

ANDREAS STIHL also claimed that the 7HILS trademark similar to STIHL trademark and if 7HILS mark is rotated in 1800 degree, then the appearance of 7HILS will look-likes STIHL. In addition, both trademarks are registered for the same class, which is class 7, at Directorate General of Intellectual Property Rights (DGIPR) Office.

On 20 June 2006, the Panel of Judges of Central Jakarta Commercial Court with Judge Edy Tjahyono as the head of Panel of Judges, Judge Sudrajat Dimyati and Judge Agus Subroto as member of Panel of Judges, announced the final judgment of trademark and entered a judgment that declaring the STIHL trademark is a well-known trademark and also declaring the 7HILS trademark having similarities to the STIHL trademark which owned by ANDREAS STIHL AG & Co. KG. Furthermore, the Panel of Judges ordering the DGIPR Office to delete the 7HILS trademark in the General Register of Marks and rejecting the renewal application of such trademark.

The Defendant (Hendra Christian) did not appeal commercial court judgment so that this judgment becomes final and binding.

Reference: Commercial Court Judgment No.: 35/Merek/2006/PN.Jkt.Pst


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