Bad Faith Revealed: Mamibot Trademark Returns to Its Legitimate Owner

Jakarta,November 23, 2024By

The Jakarta Commercial Court recently ruled on the trademark dispute over “Mamibot” in case No. 52/Pdt.Sus-HKI/Merek/2024/PN Niaga Jkt.Pst. The case involved SHIHAI LI, President of Mamibot Manufacturing (Shanghai) Co., Ltd, as the Plaintiff, represented by the law firm Pulungan, Wiston & Partners, against LINCE SALIM, Director of PT. Dunia Kido Indonesia, as the Defendant. The Directorate General of Intellectual Property was also involved as a Co-Defendant.

The core issue of the case was a lawsuit to cancel the “Mamibot” trademark, which the Defendant was alleged to have registered in bad faith. Under Article 21 paragraph (3) of Law No. 20 of 2016 on Trademarks and Geographical Indications, a trademark registration may be canceled if it is proven to have been conducted in bad faith.

The Plaintiff asserted that the “Mamibot” trademark was registered in multiple countries, enjoyed international recognition, and had been marketed in Indonesia since 2018 through PT. Dunia Kido Indonesia, where the Defendant served as the official distributor. However, the Defendant was accused of registering the trademark in Indonesia without authorization and for personal gain.

Evidence presented showed that “Mamibot” was a well-known trademark that had been widely promoted with substantial investments. The Defendant’s actions were deemed a violation, as there were significant similarities in visuals, pronunciation, and product categories between the Defendant’s registered trademark and the Plaintiff’s.

The court ruled to cancel the “Mamibot” trademark registration under the Defendant’s name, finding that it had indeed been registered in bad faith. This decision underscores the importance of good faith as a fundamental principle in trademark registration and highlights the need to protect well-known trademarks to ensure fair business competition and maintain consumer trust.