Monday, December 15, 2008

HABITAT Trademark Case

Gerrit van de Meent, is a Dutch citizen living in Jakarta where he work as the Director of PT. ESPI Swintad Pacific. Currently, he has been tried at the District Court of South Jakarta for his Company's usage of the Trademark SAFEHOUSE HABITATS which according to the Prosecutor is basically similar to Registered Trademark HABITAT No. 538991 in the name of Hot-Hed International SA. Based on the Trademark Law No. 15 Year 2001 Article 91, Gerrit could be punished with 3 years imprisonment.

In this regards, Hukumonline wrote that during Court trial today, Gerrit has requested the Council of Judges to release him from all charges. To support this request, his attorney i.e. Fahmi Assegaf SH, presented the Court with a Letter of the Director General of Intellectual Property Rights No. HKI.4.HI.06.06.0049.83/2008 dated 16 May 2008, which verify that the Trademark SAFEHOUSE HABITATS has no basic similarity with the Trademark HOT-HED HABITAT.
Further, Fahmi said that the PT. Hot-Hed Indonesia is not the rightful party to the trademark HABITATS which is registered by Hod-Hed International SA. Beside that both trademarks cannot be considered as basically similar because: SAFEHOUSE HABITATS consists of 17 letters while HOT-HED HABITAT only 13 letters. Further, the Accused did not produce and trade the goods using the trademark HOT-HED HABITAT, in stead the Accused only provide services for Maintainance of High Technology Equipments to be used for Oil Exploration and Cleaning of Oil Tanks.

On the contrary, Fahmi argued that the Trademark used as Evidence i.e. HOT-HED HABITAT is different from the Registered Trademark HABITAT No 538991. Considering that according to Art.61 Par.b of the Trademark Law, a Trademark which is used differently from its registration can be subject to Deletion, therefore registration of Trademark HABITAT No. 538991 should be Deleted.

Let us hope that the Council of Judges would eventually consider every aspects so that a fair judgement could be made.