Recently, we handled a case involving one of our clients, a liquid fertilizer entrepreneur in Indonesia. The product had been manufactured and marketed for years, earning widespread recognition among consumers and generating significant profits for the business.
However, as the business continued to grow, an irresponsible party began using the same trademark, or one confusingly similar to it, on similar products sold freely through e-commerce platforms. This was done without the authorization of the legitimate trademark owner.
As a result, consumers became confused about which products were genuine and which were not. The impact on our client was substantial, including a significant decline in sales revenue and the potential erosion of the product’s reputation and consumer trust.
Based on preliminary findings, the infringing party marketed the products through an e-commerce platform, causing estimated losses of approximately IDR 1,544,900,000.
Legal Actions Taken
To guarantee our client’s rights, our team undertook several measures, including:
- Conducting trademark searches and verification through the Directorate General of Intellectual Property (DGIP);
- Analyzing the similarities between the logos and brand identities of the genuine and allegedly infringing products;
- Investigating the distribution and sale of the products across various e-commerce platforms; and
Calculating and assessing the financial losses resulting from the unauthorized use of the trademark.
Key Findings
Our investigation and legal analysis revealed several important facts:
- The client’s trademark had been registered and obtained legal protection prior to the infringing party’s use;
- The client’s products had been actively marketed through four (4) e-commerce platforms;
- There were indications of unauthorized use of an identical or substantially similar trademark on similar products; and
- The total losses identified through our investigation amounted to IDR 4,135,025,000 (four billion one hundred thirty-five million twenty-five thousand Rupiah).
Legal Representation
Based on these findings, we provided legal assistance to protect our client’s trademark rights, including filing a criminal complaint with the Metro Jaya Regional Police (Polda Metro Jaya) regarding the alleged violation of Article 100 paragraphs (1) and (2) of Law Number 20 of 2016 concerning Trademarks and Geographical Indications.
A trademark is more than just a name or logo. It represents a business’s identity, reputation, and valuable commercial asset. Therefore, any infringement of trademark rights must be addressed firmly and promptly to prevent greater losses and protect fair competition in the marketplace