The mixing between trademark infringement lawsuits and annulments has made it an issue in trademark law enforcement, thus making it an excuse for the Supreme Court to overturn the Court's ruling. It raises new cases from the procedural law of brand law enforcement, but the dimensions of brand protection must still be upheld. For this reason, it is necessary to explain the difference between a trademark infringement lawsuit and trademark cancellation, as well as the reasons for the supreme court judge in decision No.525K/Pdt.Sus-HKI/2020 annulling judgment No. 4/Pdt.Sus-HKI/Merek/2019/PN Niaga.Sby regarding the mixing between the trademark infringement lawsuit and the cancellation of the brand. The Panel of Judges of the Surabaya District Court in Decision Number 4/Pdt.Sus-HKI/Merek/2019/PN-Niaga.Sby seems to prioritize its establishment based on the perspective of legal expediency, thus categorizing the defendant's actions as trademark violations. The Panel of Judges of the Supreme Court prioritizes its establishment based on the perspective of order, so the reason for overturning the decision of the Surabaya District Court considering the mixing between the infringement lawsuit and the cancellation of the brand is based on legal certainty. It is necessary to discuss the pattern of application of the law that converges between trademark cancellation lawsuits and trademark infringement and advise the Supreme Court to make guidelines in the form of regulations aimed at the judiciary that contain provisions on the criteria between annulment lawsuits and trademark infringement, so that they can be a reference for judges in the proceedings.
Bank services, in general, are services to store customer funds safely. As one of the bank's primary services, customers have the right to obtain guarantees for funds deposited in the relevant bank. In its development, bank services have used technology assistance to create a mobile banking product. In the case raised in this paper, some customers lose funds at the bank, where the funds are stored use mobile banking. The purpose of this paper is to review the applicable Indonesian laws following the case of Ilham Bintang, a consumer of Common Wealth Bank. This research shall use secondary data from the normative juridical, a process to find the rule of law, legal principles, and legal doctrines to answer the legal issue. The legal topic discussed in this paper is how the applicable laws of banking and consumer protection protect bank consumers specifically, regarding account break-ins. Based on Law Number 10 of 1998 concerning Amendments to Law Number 7 of 1992 concerning Banking and Law Number 8 of 1999 concerning Consumer Protection, banks as business actors are required to provide compensation, damages, and reimbursement, if offered, are not according to what promise. However, if it proven that this is not the business actor’s fault, the business actor may be released from this responsibility.
Businesses have resorted to social media promotions, especially those endorsed or promoted by celebrities or influencers to gain more exposure for their product or service. It is common to find social media promotions in Indonesia, where the popular terms are "influencer", "endorsement", and "paid promote". Despite the large number of social media endorsements, there seems to be no specialized guideline for both the influencers and business actors to look up to in creating their content in Indonesia yet. Many of these promotions even intentionally not disclose the influencer's status as a paid endorser, leading the audience to believe that the content is indeed their personal recommendation. When this type of promotion doesn't disclose the influencer's stance as an endorser, both the business and the influencer may not notice that they have indeed violated the consumer's rights. Having the right to be informed about the honest potency of a product is one of the essential rights that lays within every consumer. With the false impression projected to the audience, this is detrimental to the audience. Due to the fact that celebrity branding plays a significant role in determining a buyer's purchasing intention.
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