Identifying, Preventing and Overcoming Trademark Bullying in Indonesia

Permata, Rika Ratna; Ramli, Tasya Safiranita; Priowirjanto, Enni Soerjati; Utama, Biondy

Abstract

On the one side, trademark owners must be proactive in protecting their trademark from other trademarks to prevent their trademark from becoming generic. However, on the other side, it can cause negative effects for the community, especially trademark owners who are categorized as small business owners. The act of trademark owners excessively protecting their trademarks by accusing small businesses of violating their trademark is termed “trademark bullying”. This article's discussion will focus on a number of important goals. In addition, it will provide explanations and definition of trademark bullying, as well as identifying preventing and overcoming trademark bullying in Indonesia. It can be concluded that trademark bullying has occurred in Indonesia. The disputed issue is the use of a common word that the trademark owner considers an essential element of his/her trademark. To prevent trademark bullying that takes issue with the use of the common word of a brand, Indonesian government must start making regulations on descriptive fair use defense in order to provide legal certainty and healthy business competition. To be able to overcome trademark bullying, victims can try shaming the trademark bullies. It is considered quite effective and can make trademark bullies rethink in sending cease-anddesist letter or lawsuit against small business owners.

Keyword(s)

Trademarks; Trademark bullying; Indonesian Trademark Law; Intellectual property; Genericide

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