Bad Faith’s Criteria in the Famous Trademark Dispute Settlement That has an Element of Equality in Principle in the Court

DOI

10.2991/aebmr.k.200513.116How to use a DOI?

Keywords

bad faith, trademark dispute, famous trademark, judge’s interpretation

Abstract

Cheat or unfair business competition often arises when there is a trademark, either in the form of certain goods or services, which is well known and sold in the market, so it tends to make other producers or entrepreneurs encourage their products to compete with these trademarks. Unfortunately, business actors more often use inappropriate ways or bad intentions that are contrary to the law to gain profit by plotting well-known trademarks, by ways of imitating or faking such well-known trademarks, thus bringing a lawsuit to the court on the basis of good faith. not good. In practice the interpretation of bad faith in trademark disputes has different meanings and criteria. One of the criteria for bad faith found in trademark disputes in the Court is the knowledge of well-known trademarks even though the mark has not been officially registered at the Directorate General of Intellectual Property, and there is an element of equality in its essence and / or in total regarding words, speech sounds, and appearance, as well as a misdirection on consumers.

Copyright

© 2020, the Authors. Published by Atlantis Press.

Open Access

This is an open access article distributed under the CC BY-NC license (http://creativecommons.org/licenses/by-nc/4.0/).

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TY  - CONF
AU  - Ismail Rumadan
PY  - 2020
DA  - 2020/05/20
TI  - Bad Faith’s Criteria in the Famous Trademark Dispute Settlement That has an Element of Equality in Principle in the Court
BT  - Proceedings of the International Conference on Law, Economics and Health (ICLEH 2020)
PB  - Atlantis Press
SP  - 600
EP  - 608
SN  - 2352-5428
UR  - https://doi.org/10.2991/aebmr.k.200513.116
DO  - 10.2991/aebmr.k.200513.116
ID  - Rumadan2020
ER  -