PRINSIP IKTIKAD BAIK DALAM SENGKETA MEREK TERKENAL ANTARA BAYERISCHE MOTOREEN WERKE AKTIENGELSCHAFT MELAWAN HENDRYWO YUWIJOYO (HENRYWO YUWIJOYO WONG) TERKAIT PENGGUNAAN MEREK "BMW" (STUDI TERHADAP PUTUSAN MA NOMOR 29 PK/PDT.SUS-HKI/2016)

Abstract

A well-known brand is a brand that has a high reputation, generally known by the public through very active promotion, investment and has been registered in various countries. The famous brand dispute is rampant in Indonesia, one of the cases is the use of the well-known brand "BMW" by Henrywo Yuwijoyo for his clothing brand which stands for "Body Man Wear", the brand "BMW" is a well-known brand owned by the BMW automotive company from Germany, which then this case will be reviewed through Act Number 20 Year 2016 about Brand and Geographical Indications. The problem in this study is the application of the principle of good faith in the dispute over the use of the brand "BMW" by Henrywo Yuwijoyo towards Bayerische Motoreen Werke Based on Act Number 20 Year 2016 and legal consequences after the decision of the Supreme Court Number 29 PK /Pdt.Sus-HKI/2016 for the dispute of a well-known brand between Bayerische Motoreen Werke Aktiengesellschafft with BMW (Body Man Wear) that has similarities in the use of the brand. The method used in this research is a normative juridical research method with descriptive analysis analysis specifications. The data collection method used is a literature study in the form of secondary data consisting of primary legal material, tertiary, and secondary. The collected data is processed and analyzed using qualitative analysis methods. The author's research shows that Henrywo Yuwijoyo's registration of the Body Man Wear brand (BMW) was done without good faith, which is similar to BMW's famous BMW brand that was already registered in Indonesia. The legal consequences of the Supreme Court's Decision Number 29 PK/Pdt.Sus-HKI/2016 are decided with a decision that cannot be accepted in a judicial review, so the Plaintiff cannot cancel the BMW brand used by the Defendant, and the Defendant can continue to use the BMW brand.