Cassation by PT. Phyto Kemo Agung Farma Against PT. Mustika Ratu, Tbk Decline

PT. Mustika Ratu, Tbk as legal owner of Slimming Tea brand as in Brand Certificate No. 341391 dated on August 11th, 1995 and Brand Certificate No. 328942 dated on October 6th, 1993, was objected with circulation of brand Special slimming Tea owned by PT. Phyto Kemo Agung Farma, caused discrepancy between Special slimming Tea brand which used and circulated in the market with Special slimming Tea as in registered based on Brang Certificate No. IDM000151837 dated on Januari 7th, 2008. And product with Special Slimming Tea brand which circulated in the market have similarities with product of Slimming Tea brand owned by PT. Mustika Ratu, Tbk , so that created impression that there has been a similarities among said 2 (two) products. PT. Mustika Ratu, Tbk., through Novian & Partners has filed lawsuit against PT. Phyto Kemo Agung Farma as Defendants I and HKI Director General Cq. Brand Directorate as Defendants II through The Commercial Court at Central Jakarta District Court as in case No. 31/Merek/2009/PN.Niaga.Jkt.Pst., furthermoreThe Commercial Court at Central Jakarta District Court has given the verdict, in which stated to declare the plaintiff as sole Legal owner by rights and first registrant for Slimming Tea brand. Towards The Verdict No.31/Merek/2009/PN.Niaga.Jkt.Pst dated on September 14th, 2009 PT. Phyto Kemo Agung Farma has filed Submission for cassation through The Supreme Court of Indonesian Republic. On September 30th, 2009 and March 22th, 2010 The Supreme court of Indonesian republic has given the Verdict for case No. No. 708 K/Pdt.Sus/2009, in which stated to decline Submission for Cassation by Petitioner of Cassation/PT. Phyto Kemo Agung Farma.