Kasus Perdata Dan Pidana Pada Perselisihan Merek Dagang Studi Kasus Ayam Geprek Bensu

Abstrak

This research analyzes the trademark dispute between "Geprek Bensu"

(Ruben Onsu) and "I Am Geprek Bensu" (PT Ayam Geprek Benny

Sujono), a significant case in Indonesian trademark law practice. The

study employed a normative juridical method combined with a case

study approach, drawing upon the Law No. 20 of 2016 concerning

Marks and Geographical Indications and the relevant rulings from the

Central Jakarta Commercial Court and the Supreme Court. The primary

objective was to analyze both the civil and criminal aspects of the

trademark conflict. The analysis revealed that the court dismissed

Ruben Onsu's lawsuit because PT Ayam Geprek Benny Sujono was

proven to be the first party to register the mark (the first-to-file

principle). The study concludes that trademark registration is the key to

legal protection. Furthermore, resolving trademark disputes through the

civil court track is more effective for ensuring legal certainty, while also

stressing the critical importance of good faith in maintaining fair

business competition.