AKBAR, ALFIQY (2024) PENEGAKAN HUKUM TERHADAP PENDOMPLENGAN MEREK TERKENAL (PASSING OFF) JACK DANIEL’S (Studi Putusan Nomor 88/Pdt.Sus-Merek/2023/PN.Niaga.Jkt.Pst). S1 thesis, UNIVERSITAS MUHAMMADIYAH PURWOKERTO.

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Abstract

Well-known brand owners market their products in Indonesia to gain maximum
profit with various strategies in business competition. However, there are
fraudulent attempts to infringe the brand, namely passing off. Well-known brand
owners feel disadvantaged because they are victims of passing off by other
brands. Passing Off is an act of piggybacking on brands, especially well-known
brands. The purpose of this study is to determine law enforcement and analyze the
legal consequences of piggybacking on the famous brand passing off Jack
Daniel's. The research method used by the author is normative legal research, as
well as qualitative data analysis of data sources obtained from literature studies
in the form of primary, secondary and tertiary legal materials. The results of the
study show that law enforcement in decision number 88 / Pdt.Sus-Merek / 2023 /
PN.Niaga.Jkt.Pst law enforcement is seen from the factors, the first legal factor,
there are multiple interpretations or unclear understanding of well-known
trademarks. Second law inforcement factors, in this case the judge has mentality
and personality of law enforcement in implementing the rule of law. Third,
facilities and infrastructure factors, the court as a place to resolve trademark
disputes. Fourth, community factors, the better law enforcement influenced by
legal awareness in the community. Fifth, cultural factors, people’s habits assume
that everything can be used jointly by other parties. The legal consequences
received by Jack Daniel’s is the payment of the court costs. While the Jackstar
trademark escaped the cancellation of trademark despites having similiarities in
essence with the Jack Daniel’s trademark. The legal consequences for Jack
Daniel’s can eliminate the aspect of justice and legal expediency because of the
existence of the Jackstar brand that Jack Daniel’s should be able to get its
exclusive rights.

Dosen Pembimbing: MARSITININGSIH, MARSITININGSIH | nidn0022116101
Item Type: Thesis (S1)
Uncontrolled Keywords: Law Enforcement, Passing Off, Well Known Brand
Subjects: K Law > K Law (General)
Divisions: Fakultas Hukum > Ilmu Hukum S1
Depositing User: Iin Hayuningtyas
Date Deposited: 24 Sep 2024 05:34
Last Modified: 24 Sep 2024 05:34
URI: http://repository.ump.ac.id/id/eprint/17264

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