Geprek Bensu Owned by Ruben Onsu Must Change Name, Supreme Court Reveals Reason for Rejecting Cassation

Kapanlagi.com - In accordance with the decision of the Supreme Court dated May 20, 2020, the business Geprek Bensu owned by artist Ruben Onsu must change its name. The Supreme Court, represented by the Head of Legal and Public Relations Bureau, Dr. Abdullah, SH., MS, confirmed this.

"Yes, because in the decision itself it also ordered the Ministry of Law and Human Rights to cross it out. So if the name of the business has been ordered to be crossed out, it must change its name," said Abdullah when met at his office on Friday, (12/6).

But when Ruben has to change the name of his trademark, the Ministry of Law and Human Rights has not decided yet. However, after the Supreme Court determined that Geprek Bensu must change its name, the brand can no longer be used.

"We have to make sure that the business continues even with a different brand name. It's still chicken geprek. If it's crossed out, it can be replaced with chicken gemes, hahaha. Ayam Gemes Ruben is a more patent name than geprek," Abdullah replied jokingly.

1. Reasons for the Supreme Court Rejecting Ruben's Appeal

© instagram.com/geprekbensu

Abdullah also explained why the Supreme Court rejected the appeal filed by Ruben Onsu. According to the Supreme Court, the decision of the Commercial Court was correct.

"If they grant it, the considerations are lengthy. But if they reject it, the considerations are brief. Because why. The decision of the Commercial Court is already correct. So there is no need for further trial. The decision is already correct," he explained.

2. Verdict

He also explained the verdict of the Supreme Court for the case of Ruben Onsu with Benny Sujono, the owner of the brand I Am Geprek Bensu. Here is the complete explanation.

"The consideration of the commercial court, the verdict of the commercial court stated that in the convention, the original lawsuit (check) in the exception stated that the exception of the defendant one cannot be accepted. In the main case, it rejects the plaintiff Ruben Samuel Onsu entirely. This is the commercial court of Jakarta that has been confirmed by the Supreme Court," he said.

"Then, in the counterclaim, it means that the defendant who was sued by Ruben counter-sued. In the counterclaim, it grants the counterclaim lawsuit from the counterclaim plaintiff PT Ayam Geprek Benny Sujono. It states that the counterclaim plaintiff is the rightful owner and user of the brand I Am Geprek Bensu Sedap Bener, registration number IDM 000643531 CLASS 43 registration date May 24, 2019. The owner is Benny Sujono, the owner of Ayam Geprek." Third, stating the trademark application on behalf of Ruben Samuel Onsu, which is one Geprek Bensu plus painting, two Geprek Bensu chicken plus logo, three Geprek Bensu plus logo, Geprek Bensu plus logo, then fifth Bensu, six Geprek Bensu Real by Ruben Onsu has similarities in substance or as a whole with the trademark I AM Geprek Bensu Sedep Bener, owned by PT Ayam Geprek Benny Sujono, abbreviated as ayam Geprek Bensu," he continued.

"The plaintiff's counterclaim registration number idm000643531 class 43 acceptance date May 3, 2017, registration date May 24, 2019, owner's name PT Ayam Geprek Benny Sujono. Fourth, stating the trademarks on behalf of Ruben Samuel Onsu, which is one Geprek Bensu plus logo, two Geprek Bensu chicken plus logo, three Geprek Bensu plus logo, four Geprek Bensu plus logo, five Bensu, six Geprek Bensu Real by Ruben Onsu is similar to or resembles the name or abbreviation of the plaintiff's counterclaim legal entity, namely PT Ayam Geprek Benny Sujono abbreviated as Ayam Geprek Bensu. Declaring null and void with all legal consequences the registration of the trademark on behalf of Ruben Samuel Onsu, which is one Geprek Bensu plus painting, two Geprek Bensu chicken plus logo, three Geprek Bensu plus logo, four Geprek Bensu plus logo, five Bensu, six Geprek Bensu Real by Ruben Onsu, thus declaring null and void with all its consequences the registration of the trademark on behalf of Ruben Samuel Onsu. Sixth, ordering the Ministry of Law and Human Rights of the Republic of Indonesia, Directorate General of Intellectual Property Rights, Directorate of Trademarks and Geographical Indications, as co-defendants in the counterclaim, to cancel the registration of the trademark on behalf of Ruben Samuel Onsu mentioned above, by crossing out the registration of the trademark from Indonesia, the list of trademarks with all its legal consequences as follows. Geprek Bensu plus painting, I AM Geprek Bensu plus logo, three, Geprek Bensu plus logo, four Geprek Bensu plus logo, five Bensu, six Geprek Bensu Real by Ruben Onsu, rejecting the counterclaim of the plaintiff's counterclaim other than and in addition to, because it resembles," he continued.

3. Advice for Ruben

© instagram.com/geprekbensu

Closing the conversation, Abdullah advised Ruben Onsu to change his name. "It's better not to persist in a brand that has been crossed out. It's better and more productive to think about finding a brand that is truly known by the public. Ruben is already a public figure," he concluded.

(kpl/far/phi)