Sony AK vs Sony Inc.

Recently, electronics manufacturer Sony Corporation demanded Sony Arianto Kurniawan (Indonesian) to close down his website : www.sony-ak.com, because the Japanese company alleged that the website is an infringement of right on its trademark Sony.

Sony Corp. made said demand because it has spent many years and lots of money for research, production and promotion of electronics products bearing the trademark Sony. Especially if the trademark Sony has been registered in Indonesia and other countries.

In my humble opinion, Sony Corp. have been over confident in making the said demand, because protection given by trademark registration is limited to certain types/kinds of products covered by said trademark.
In this case, Sony Corp. is a manufacturer of electronics products, whereas the website: www.sony-ak.com is only a personal website of its owner that provide free information.

Efforts to settle the problem has failed because Sony Corp. insists that Sony AK should close his website, while the later refused because he has created the website using his own name since 2003 for personal usage, and he does not produce and sell anything, and has no bad intention in doing so.
And according to the demand letter issued by Sony Corp.'s Jakarta lawyer, Hadiputranto, Hadinoto & Partners, the company would pursue legal action if Sony AK refuse to comply.

Considering the above, many people have come to the support of Sony AK, among others through the social networking media Facebook.

For details, please click here, here, here, here, here and here.

I hope that both parties would find a best way to settle their differences according to the applicable laws and regulation.

Image : Courtesy of Detik

The Garuda Emblem & Armani

The Garuda (picture below: right) is the national emblem of Indonesia which is considered sacred by the Indonesian people. So when famous fashion designer Georgio Armani used a logo (picture below: left)  basically similar to the Garuda, a group of online activists and lawmakers have threatened to suit Armani for infringement of the national emblem. Please find below an article from The Jakarta Globe.

Indonesia Lawmakers Threaten Suit Over Armani Logo

A new battle is brewing over the use of yet another Indonesian cultural symbol. But this time the alleged culprit is not in Malaysia but a tenant at two upscale shopping malls in Jakarta: Armani.

Members of a popular local Internet forum, Kaskus.com, and some lawmakers claimed on Monday that popular designer label Armani Exchange had ripped off Indonesia’s national symbol, the Garuda Pancasila, for use on a new T-shirt.

“Many of the members were not happy with that,” said Retno Wulandari, 25, a boutique owner and fashion enthusiast who is a member for the forum.

Not missing out on a chance to score political points on an issue of national pride, some members of the House of Representatives threatened to sue Armani Exchange for willfully desecrating the Garuda Pancasila. The offense carries a prison term of one year or a Rp 100 million ($10,700) fine.

“It’s very sensitive using a nation’s symbol for business profit. The Garuda is very sacred to us as a nation,” said Eva Kusuma Sundari, a member of the Indonesian Democratic Party of Struggle (PDI-P
"It's such an insult for us.”

The Armani Exchange A|X Studded Eagle T-Shirt, available at its stores at Grand Indonesia and Senayan City, as well as online, looks nearly identical to the Indonesian national symbol, except the images of a bull and banyan tree were replaced by an “A” and “X.” Also, the national motto “Bhineka Tunggal Ika” (“Unity in Diversity”) located on the bottom of the symbol was replaced by “Armani Exchange.”

Ravelra Supit Lubis, marketing communications manager of Club 21, an official distributor of the Armani Exchange line in Indonesia, agreed that the T-shirt, printed in November, was similar to the Garuda Pancasila symbol.

“But it’s not something new because we have produced several versions of the shirt,” she said. “They have their own concept, and as a distributor we have no option to not order it.”
Hanifa Ambadar, 30, founder of the Indonesian style and beauty Web site Fashionese Daily, pointed out that many Armani T-shirts have a modified eagle.

“I have noticed the debate on the Garuda logo,” she said. “I think we should be happy with that: One of the [designer] brand products uses our country’s symbol. Honestly, it makes me want to buy one.”
Mustafa Kamal, chairman of the Prosperous Justice Party (PKS) faction at the House, said lawmakers would examine the similarities between the Garuda Pancasila and Armani T-shirt.

“If we find it a form of insult to us as a nation, we will sue the company,” Mustafa said. “But if it’s simply creativity, we will surely let people have their freedom of expression.”

The Sales of Ponari's Water

Indonesia has been dubbed by foreigners as a haven for infringement of Intellectual Property Rights owned by Indonesians as well as foreigners.

Here are examples of possible infringement of trademark of a well known POCARI, and name of the currently popular 'Ponari's sacred water':



The photos show that the Tin Cans are basically similar to that of the popular drink POCARI, only the letter "C" is changed with "N". At a time when many people in Jombang, East Java, are craving for Ponari's Water, circulation of Drinks bearing said trademark would surely misleading.



The photos also mentioned the website Http://continsportwear.y2n.biz, but after I checked it turned out to be the site of a Sport Clothes manufacturer.



Considering these facts, I hope that the above photos would not inspire people into selling tin canned drinks bearing those trademarks, so that our country's image as a haven for Intellectual Property Rights infringement would improved.