Friesland Brands BV Is Suing Indonesian Company for Trademark Violation

Posted on Jun 06, 2011

The Dutch giant milk producer Friesland Brands BV is suing an Indonesian company PT Suryaprana Nutrisindo own by Suryaprana at the Jakarta Commercial Court for trademark infringement.

The Friesland Brands BV whose famous product is Susu Bendera” operate under the Calcimex brand in Indonesia and believes that the Calcimax brand used by the Indonesian company is sufficiently confusing and therefore infringing on its trademark.

The similarities which can also be seen by the design and font selection are deemed by the Dutch company to be in bad faith riding the popularity of the Friesland brand.

Frisian Flag is a famous dairy product brand in Indonesia

Ludiyanto, Friesland Legal Counsel, said his client’s brand Calcimex is classified as well-known brand because it has been continuously producing and trading. Additionally, the brands has been continuously promoted and also registered in several European countries and Asia.

In Indonesia, Friesland claimed to be the owner of exclusive rights and the first to file for the brand and has been registered at the Directorate of Marks since 1994. Calcimex brand was registered with registration number of IDM 000016054 for dairy and dairy products.

The Suryaprana Attorney Dwi Ismono, firmly reject all arguments by Friesland. He considered this claim to have been exaggerated. He said the plaintiff’s trademark and brand Calcimex and Suryaprana brand of Calcimax are registered for different product class. Calcimex registered for dairy and dairy products, while the trademark Calcimax was registered for vitamin and supplement products.

Dwi argue that the Calcimax brand do not confuse consumers with the milk brand owned by Friesland because of the differences between the two brands are very clear.

He added that the brand Calcimax has been registered since July 29, 2006 at the Directorate of Marks. “If the Calcimax brand was deemed unfeasible or not honest or in bad faith riding the Calcimex fame, then it would not have been possible for registration to have been granted,” he said.

According to Dwi, Directorate of Marks check Calcimex mark registration for two years and proved to have not violate any law. “In the next session, we will submit this evidence,” he said.

Hearing the case, led by Chief Justice Nani Indrawati is entering evidentiary agenda. The next session will resume on the coming Wednesday (06/01/2011).