PENYELESAIAN SENGKETA MEREK (STUDI KASUS FORMULA STRONG VS PEPSODENT STRONG)

Abstract

Brands play a crucial role in distinguishing one product or service from another, often reflecting the quality and pricing set by their owners. Famous brands are usually popular among consumers and have high reputations. Misuse of brands is a practice aimed at gaining profits that can harm the brand owner. This study will examine the process of resolving trademark disputes, particularly in the case of disputes between Pepsodent Strong and Formula Strong, as well as related judicial decisions. This research uses a normative juridical approach, referring to Law Number 20 of 2016 concerning Trademarks and Geographical Indications as the primary legal source, and articles and papers related to brands as secondary legal sources. The research results show that there are two main methods of resolving trademark disputes in Indonesia: litigation in commercial courts and out-of-court dispute resolution through arbitration or other alternative methods. In the specific case between Hardwood Private Limited and PT Unilever tbk., the dispute resolution was carried out through litigation in the Central Jakarta Commercial Court. It is important to continue to pay attention to issues related to brands and legal protection, as this has significant implications for brand owners and consumers.