6th GCBSS-2017: Extended Abstract- Title Page

Well Known Mark Protecton From Trademark Dluton Related Wth Unfar Busness
Competton
Dr. Rika Ratna Permata, S.H., M.H, Tasya Safiranita Ramli, S.H., M.H
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First affiliation, City and Country
email@email.com
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Second affiliation, City and Country
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Third affiliation, City and Country
email@email.com

First Author Biography

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Second Author Biography

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Third Author Biography

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 6th GCBSS-2017: Extended Abstract- Title Page

Well Known Mark Protecton From Trademark Dluton Related Wth Unfar Busness
Competton

1. Introduction and research problem

The world of trade in goods and or services cannot be separated from trademarks. Trademark
becomes one of the important marketing tools. As the business develops, the trademark
functionality develops, trademark not only serves as a tool for identifying goods and or services
but also radiates the reputation and goodwill of a trademark. In practice, trademark owners often
intentionally or unintentionally use a well-known trademark without permission from the owner
of a well known trademark. Unauthorized use of the mark will result in consumer confusion, but
an unauthorized use of the trademark that results no confusion is considered a trademark dilution.
On the one hand the protection of a well-known trademark of trademark dilution acts will
provide an extension of the protection of the famous trademark owner, but on the other hand the
well-known trademark protection of excessive trademark dilution will bring negative effects to
business competition, freedom of expression and intimidating ordinary trademark owners. There
are two aspects studied: is the Act No. 20 of 2016 on Trademarks and Geographical Indications
sufficient to provide protection to the well-known trademark owners especially in the case of
trademark dilution actions in Indonesia and how is the model of the well known trademark
protection from trademark dilution actions that do not result in unfair business competition.

2. Methods
The research method used is normative juridical with statute approach, case approach, analytical
approach and comparative approach. Conduct textual studies and conduct critical analysis of Act
No. 20 of 2016 on Trademarks and Geographical Indications, United States Anti-Dilution Act
and Thailand Trademark Law.
3. Results and findings

Indonesian trademark law is not sufficient to provide protection to the well-known trademark
owners especially in the case of trademark dilution actions in Indonesia, because that act only
protects the trademark based on similarity so when the mark is not similar then there is no
infringement. The protection of well known trademark from trademark dilution actions that do
not result in unfair business competition could be achieved if there are clear boundaries about
whether such trademark could receive trademark dilution protection or not, for example if the
mark is consist of common word then it could not receive trademark dilution protection because
giving such protection will give monopoly to trademark owner using common word and rights to
exlude other persons from using that common words

4. Conclusions, implications and significance

Well known trademark must be protected not just based on similarity but also based on
reputation. One step to increase the protection of well known trademark is by giving protection
for well known trademark from trademark dilution. Ideally the protection of well known
trademark from trademark dilution actions must not create an unfair business competition. So
there must be a clear boundaries whether such trademark could receive trademark dilution
protection or not, because without a clear boundaries it will increase the well known trademark
protection but also decrease the freedom for other person in using the common words which
happen to be part of well known trademark, for example the word apple in APPLE mark, the
word Monster in MONSTER ENERGY mark. Therefore a clear boundaries must be created to
avoid such things happened.

References (Selected)
B. Barton. (2013). The Suppressed Misappropriation Origins of Trademark Antidilution Law: the
Landgericht Elberfelds Odol Opinion and Frank Schecters The Rational Basis of Trademark
Protection.NYU School of Law, Public Law Research Paper. 13 (36). Retrieved from
https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2283391

I. C. Frank, (1926). The Rational Basis of Trademark Protection. Harvard Law Review. 40

L. R. Sandra. (2012) The Myth and Reality of Dilution, Duke Law & Technology Review, 11. Retrieved
from https://papers.ssrn.com/sol3/papers.cfm?abstract_id=1952671

Keywords: trademark, dilution, unfair competition, well known mark, intellectual property