Proceedings of the 3rd International Conference on Law, Social Science, Economics, and Education, ICLSSEE 2023, 6 May 2023, Salatiga, Central Java, Indonesia

Research Article

Settlement Of Cosmetic Brand Dispute Between Ms Glow Vs Psglow (Case Study Decision NUMBER 2/PDT. SUS. IPR/BRAND/2022/PN. TRADE. SBY)

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  • @INPROCEEDINGS{10.4108/eai.6-5-2023.2333517,
        author={Filusi  Ardiansyah and Rineke  Sara and Riswadi  Riswadi},
        title={Settlement Of Cosmetic Brand Dispute Between Ms Glow Vs Psglow (Case Study Decision NUMBER 2/PDT. SUS. IPR/BRAND/2022/PN. TRADE. SBY)},
        proceedings={Proceedings of the 3rd International Conference on Law, Social Science, Economics, and Education, ICLSSEE 2023, 6 May 2023, Salatiga, Central Java, Indonesia},
        publisher={EAI},
        proceedings_a={ICLSSEE},
        year={2023},
        month={7},
        keywords={brand dispute cosmetics ms glow psglow},
        doi={10.4108/eai.6-5-2023.2333517}
    }
    
  • Filusi Ardiansyah
    Rineke Sara
    Riswadi Riswadi
    Year: 2023
    Settlement Of Cosmetic Brand Dispute Between Ms Glow Vs Psglow (Case Study Decision NUMBER 2/PDT. SUS. IPR/BRAND/2022/PN. TRADE. SBY)
    ICLSSEE
    EAI
    DOI: 10.4108/eai.6-5-2023.2333517
Filusi Ardiansyah1,*, Rineke Sara1, Riswadi Riswadi1
  • 1: Universitas Borobudur, Indonesia
*Contact email: mfardiansyah70@gmail.com

Abstract

Along with the pace of business development, brand disputes become complicated issues that must be resolved immediately. MS GLOW and PS GLOW brand disputes are no exception. The study aims to determine the resolution of trademark disputes between MS GLOW and PS GLOW and legal protection efforts against registered trademarks of MS GLOW and PS GLOW in the trade process in Indonesia. The method used in this study is normative juridical and statutory approach, case approach, then conceptual approach. The results showed that the settlement of this dispute was carried out in two Commercial Courts. MS GLOW won the lawsuit in PN Niaga Medan, while PS GLOW won the case in PN Niaga Surabaya. The verdict in PN Niaga Surabaya found that the MS GLOW brand used was not in line with the registered brand class. The first to file system is a preventive legal protection effort, while repressive legal remedies are provided through criminal sanctions.