Indonesia Trademark Update: Disputed Koi Fish Food

Trademark Dispute in Indonesia: Japanese Producer Challenges Local Importer Over Well-Known Koi Fish Food Brand A high-profile trademark dispute in Indonesia has officially arisen between a well-known Japanese company and a local importer. The legal battle centers around the registration of premium koi fish food products within Class 31. Specifically, both parties are fighting over […]

Trademark Dispute in Indonesia: Japanese Producer Challenges Local Importer Over Well-Known Koi Fish Food Brand

A high-profile trademark dispute in Indonesia has officially arisen between a well-known Japanese company and a local importer. The legal battle centers around the registration of premium koi fish food products within Class 31. Specifically, both parties are fighting over the exclusive rights to the mark “HI-SILK21 KENKOKANRI”.

The case is currently undergoing early court examination stages at the District Court of Central Jakarta. It is registered under case number 119/Pdt.Sus-HKI/Merek/2023/PN Niaga Jkt.Pst.

Allegations of Bad Faith Registration

The Plaintiff in this lawsuit is Kawaguchi Shoten Co., Ltd., a long-standing Japanese company established on January 4, 1979. Originally, the firm specialized in trading raw materials related to silk, such as raw silk, cocoons, and silkworm pupae. Subsequently, they expanded their commercial operations into manufacturing high-quality Nishikigoi feed.

In 1996, the company successfully launched the “HI-SILK KENKOKANRI” brand. Consequently, their market footprint grew rapidly across Japan, America, Europe, and Southeast Asia.

“The Defendant’s registered mark possesses a striking similarity in its essential part, or even in its entirety, to our globally well-known mark,” the Plaintiff stated in their court petition. “Furthermore, we strongly claim that the local registration by the Defendant was filed in bad faith.”

Remedies Sought by the Plaintiff

To protect their corporate assets, the Japanese company has requested the Commercial Court to grant several key remedies:

  • Declaration of Ownership: Recognition of their first registration and rightful ownership of the mark worldwide.

  • Well-Known Status: Formal legal recognition of the “HI-SILK” brand as a globally well-known trademark.

  • Cancellation of Mark: An official order to declare the Defendant’s registration null and void from the General Register of Marks.

The Legacy and Quality of Hi-Silk 21

The development of Hi-Silk 21 involved two prominent industry experts. Mr. Kawaguchi partnered with Mr. Mamoru Kodama, the famous author of the Kokugyo books and founder of Kodama Koi Farm. By combining premium silkworm pupae with advanced nutritional engineering, they created a formula that delivers amazing Koi growth results.

In addition, Hi-Silk 21 is highly recognized as a high-quality protein food. It helps Nishikigoi grow faster while producing a beautiful white sheen, making it a preferred choice for many champion Koi breeders.

In conclusion, this trademark dispute in Indonesia highlights how critical it is to protect intellectual property from bad-faith filings. The final outcome of this litigation will definitely bring significant legal implications for international brands and the domestic fish food industry.

(source: http://sipp.pn-jakartapusat.go.id; https://kawaguchi-shoten.com/)

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