German-based sports apparel giant, PUMA, just embarked in another crusade towards local businesses owning similar marks. This time, PUMA filed a cancellation lawsuit against a mark “PUMA” with similar “jumping cat” logo, which had been registered since December 14, 2009, in the name of Reno Mustopoh under registration number IDM000229381. Instead of sporting-related goods, the defendant’s “PUMA” mark was registered in Class 5 for mosquito repellent.
According to the register of the Commercial Court of Central Jakarta, in the lawsuit no. 16/Pdt.Sus-HKI/Merek/2023/PN Niaga Jkt.Pst. Puma demands the court to legally acknowledge its own “PUMA” with “jumping cat” logo as well-known marks, as well as to legally acknowledge the company as the first owner and applicant for the mark internationally in various countries in the world. Accordingly, Puma further demands for cancellation of the defendant’s “PUMA” mark due to both substantial similarity with the plaintiff’s own “PUMA” and the plaintiff’s allegation that the defendant’s mark was filed in bad faith at the first place.
Responding to the lawsuit, legal representative of the defendant denounced the plaintiff’s demand, particularly on the question bad-faith registration of his client’s mark. Jekrinius Sirait – the lawyer – stated that his client’s mark has been registered since 2009 and thus has been once renewed. Also according to the lawyer, his client’s mark is distinguishable from that of the plaintiff’s from either logo, registration class, or products. The plaintiff, stated the lawyer, is a producer of sports apparel while his client produces mosquito repellents.
Accordingly, the plaintiff has countered the lawsuit requesting the court to dismiss the plaintiff’s entire demands altogether and to order the plaintiff to pay all the court expenses for the case.
It is known that in recent years Puma has been active in battling registration of various trademarks similar to its own.
In 2020, for instance, Puma was successful in launching a cancellation lawsuit – also a Commercial Court of Central Jakarta – against the mark “PUMA” with “jumping cat” logo under registration number IDM000109229 in the name of Herry Widjaja, which was registered in Class 12 for “bicycle and its parts, outer and inner bicycle tire”.
Also, in the same year Puma was successful in removing the registration of “PUMA” trademark in the name of Andrie, with registration number IDM000553440, which was registered in Class 9 for “batteries, accu”.