Legal Question in Intellectual Property in Indonesia
Cross-Boarder Indication of Branch Address in Industrial Packaging
ABC Co. had registered trademark ''ABC'' in Singapore ''Food'' Category and conduct business (manufacturing, distribution and retail) for the same. ABC Co.'s Industrial Packaging shows 3 Indonesian address as Franchisee amoung other local and overseas addresses.
Mdm. C, an Indonesian, had a XYZ Co. in the same trade in Indonesia and Mdm. C had registered trademark ''ABC'' in Indonesia under the ''Food'' Category and is the owner of that mark in Indonesia.
Current Indonesia's regulation prohibits importing product under ''Food'' Category from Singapore. Also, ABC Co. does not have any establishment in Indonesia. ABC Co.'s products are found selling in Indonesia.
What cause of action does Mdm. C or ''XYZ'' Co. has to stop ABC Co. from selling its product and also to remove the 3 Indonesia's addresses in its industrial packaging?
1 Answer from Attorneys
Re: Cross-Boarder Indication of Branch Address in Industrial Packaging
In indonesia XYZ co can report the matter to the police and have the places selling the products raided. The police can arrest the people selling such products and cosfiscate them. To know the strength of the claim we have to see for how long has xyz been holding the trademark and for how long has the company been in the trade.
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