Swedish furniture giant IKEA has lost the right to use its own brand name
in Indonesia after a legal battle with a local company that claimed the
trademark, court documents released earlier this week showed. (JG Photo/
Syarifah Ryaclaudia)
Swedish
furniture giant IKEA has lost the right to use its own brand name in Indonesia
after a legal battle with a local company that claimed the trademark, court
documents released earlier this week showed.
The court decision could make foreign
companies even more cautious to invest in Southeast Asia's biggest economy,
which is already growing at its weakest pace since the global financial crisis.
"The clear message is that any
business wanting to open up in Indonesia has to be very careful to register all
its trademarks so they don't get hijacked," said Keith Loveard, head of
risk analysis at Jakarta-based Concord Consulting.
"It's the fact of the law that you
have to cross every 't' and dot every 'i'," he said.
In 2014, a Jakarta commercial court
granted the rights to use the "Ikea" brand name to Ratania
Khatulistiwa, a company that plans to sell its own furniture with the acronym
for Intan Khatulistiwa Esa Abadi.
Inter IKEA System, part of the Swedish
company's franchise division, had registered the "IKEA" trademark
with the Indonesian directorate-general of intellectual property twice, in 2006
and 2010.
But Ratania, which is based in the East
Java capital of Surabaya, successfully argued at the Jakarta court that the
furniture giant had not used the trademark for commercial purposes for three
consecutive years.
Inter IKEA filed an appeal to the Indonesian
Supreme Court, which was rejected last year, according to court documents
uploaded to its website earlier this week.
Inter IKEA's local lawyers were notified
of the Supreme Court's May 2015 decision on Thursday, Niclas Bengtsson, a
spokesman for Inter IKEA, said in an email. He did not explain the reason for
the delay.
"What we can say right now is that we
are analyzing the decision and are confident that we will be able to continue
with IKEA operations in Indonesia also
in the future," he said.
IKEA opened its first Indonesian store in
the outskirts of Jakarta in 2014. Indonesian retailer Hero Supermarket owns the
franchise to operate the IKEA business in Indonesia.
The options now for IKEA are to file an appeal to the
same court, change its name, or pay royalty fees to the Indonesian company,
according to a legal expert contacted by Reuters. By : Eveline Danubrata & Fransiska Nangoy |
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