MEREK POLO INDONESIA TERNYATA BEDA DENGAN POLO LUAR NEGERI

Summary

This video discusses a trademark dispute involving the Polo by Ralph Lauren brand in Indonesia, where multiple parties claim ownership of the brand's trademark. The case highlights the importance of early trademark registration to avoid legal complications, as seen with the conflicting claims from PT PRL, an individual named Pak Mohindar, and PT MPP. The video also emphasizes the risks of using unregistered or disputed brands and offers advice for businesses to secure their trademarks early to prevent future issues. It concludes with a call to action for viewers to consult experts when registering trademarks.

Takeaways

• 😀 The Polo by Ralph Lauren trademark dispute in Indonesia has been ongoing for nearly 40 years, involving multiple stakeholders and legal challenges.
• 😀 The case began with PT LA Indonesia trying to register the Polo by Ralph Lauren trademark in Indonesia, despite the brand already being registered by the original company from abroad.
• 😀 PT PRLI, the Indonesian subsidiary of the international brand, lost the case in court because the earlier registration by another party was upheld by the judge, despite claims of counterfeit registration.
• 😀 The original owner of the Polo by Ralph Lauren brand, Ralph Lauren Corporation, denies any official presence in Indonesia, stating that any stores or online sites claiming to sell authentic Polo by Ralph Lauren products are counterfeit.
• 😀 The case is complex, involving multiple parties: PT PRLI (the Indonesian entity), Mohindar (a local buyer of the trademark), and PT MPP (another Indonesian company that also acquired the trademark from John).
• 😀 PT PRLI and Mohindar have been in a legal battle for years, with the court ruling in favor of Mohindar in 1996, declaring him the rightful owner of the trademark in Indonesia.
• 😀 The importance of registering trademarks early is emphasized, as being the first to register a trademark is key to protecting brand rights and avoiding lengthy legal disputes.
• 😀 The case highlights the challenges of trademark registration in countries like Indonesia, where the originality of trademarks may be overlooked during the application process.
• 😀 A significant issue with Indonesia’s trademark office (DJKI) is the apparent ease with which international brands can have their trademarks registered by local entities, even when the brand is well-known abroad.
• 😀 Entrepreneurs and businesses are advised to register their trademarks as soon as they have an idea, logo, or product, even before launching a business, to avoid future legal conflicts.
• 😀 Consulting with professionals like Kebun Desain is recommended for businesses looking to register trademarks, as they ensure thorough checks and minimize the risk of legal challenges.

Q & A

What is the main issue in the trademark dispute described in the script?

The main issue is a legal battle over the trademark of 'Polo by Ralph Lauren' in Indonesia, where multiple parties are claiming ownership of the brand's trademark rights, leading to confusion and litigation.

Why is the case of 'Polo by Ralph Lauren' significant in terms of trademark registration?

The case is significant because it highlights the importance of registering trademarks early, as well as the potential legal consequences of not securing trademark rights in a timely manner, which can lead to disputes and financial loss.

What was the role of PT PRLI in this trademark dispute?

PT PRLI attempted to register the 'Polo by Ralph Lauren' trademark in Indonesia but faced a legal challenge because another party had already registered the same trademark. This led to a legal battle over ownership of the trademark.

How did the courts rule in the trademark dispute?

The courts ruled in favor of the first party to register the trademark, which was Mohindar, who had purchased the trademark from an individual named John. Despite challenges from PT PRLI, the court upheld Mohindar’s registration.

What was the significance of the involvement of Mr. John in the case?

Mr. John is a key figure because he initially sold the trademark rights to Mohindar, but later sold it again to PT MPP. His actions complicated the case, with multiple claims to ownership arising from different parties.

What did the headquarters of Polo by Ralph Lauren say about the authenticity of stores in Indonesia?

The headquarters of Polo by Ralph Lauren confirmed that stores in Bali claiming to sell authentic Polo products were selling counterfeit items. They stated that it was almost impossible to find genuine Polo products in Indonesia.

What lesson does the case teach regarding trademark registration?

The case teaches that it is crucial to register a trademark as soon as possible, even before launching a business, to avoid disputes and ensure legal protection for the brand.

What challenges arise when a brand is already popular internationally but not properly registered in a specific country?

When a brand is not properly registered in a country where it is not well-known, others may attempt to register the same brand, leading to legal challenges. This can result in the original brand losing its trademark rights in that country, as seen in this case.

What advice does the script give to businesses starting out with a new brand?

The script advises businesses to register their brand as soon as possible, even if they haven't yet started operations, to avoid potential conflicts with other parties attempting to register similar trademarks.

How does the DJKI (Directorate General of Intellectual Property) play a role in trademark registration issues?

The DJKI is responsible for the trademark registration process in Indonesia. The script discusses how the DJKI may not always catch potential conflicts between existing and new trademarks, possibly due to lack of familiarity with international brands, which can result in issues like the one described in the Polo case.