Jakarta, October 2, 2024 – In a significant legal ruling on October 1, 2024, the Commercial Court at the Central Jakarta District Court granted PT The Univenus’s lawsuit, resulting in the cancellation of the "MICE" trademark owned by PT Azkia Diva Nusantara. The court determined that the “MICE” tissue brand closely resembled PT The Univenus’s pre-existing and well-established “NICE” brand, leading to consumer confusion in the marketplace.
This decision follows a legal action initiated by PT The Univenus in December 2023, when the company issued a cease-and-desist letter demanding that PT Azkia Diva Nusantara halt the production and sale of tissues under the “MICE” brand. Despite initial indications that PT Azkia Diva Nusantara would comply by withdrawing the product and canceling the “MICE” trademark registration, the product remained on the market.
In its ruling, the court confirmed that the similarities in sound and pronunciation between “MICE” and “NICE” were likely to mislead consumers. As a result, PT Azkia Diva Nusantara has been ordered to immediately cease production, distribution, and sales of all tissues under the “MICE” brand, and to cancel the trademark registration with the Ministry of Law and Human Rights.
Surya K. Susanto, S.H., M.H., legal counsel for PT The Univenus, praised the decision as a critical step in safeguarding intellectual property rights. “This ruling is a landmark victory for PT The Univenus, reinforcing the protection of our client’s ‘NICE’ brand from clear infringement,” he stated. “The decision underscores the importance of brand integrity and the legal framework that protects it.”
The court's decision sends a strong message to the business community about the serious implications of trademark infringement and market confusion. “Brands represent invaluable assets for businesses, and the ‘NICE’ brand has been built on trust and integrity over many years. This legal protection is vital not only for PT The Univenus but also for consumers who expect authenticity in the products they purchase,” Surya added.
PT The Univenus affirmed its commitment to monitoring the market closely to ensure full compliance with the court's ruling and prevent any further circulation of products under the “MICE” brand. The company is also considering additional legal action, including claims for damages related to the ongoing litigation.
“This court ruling provides a strong foundation for us to pursue further legal measures if PT Azkia Diva Nusantara continues to disregard the order,” said Surya. “We will remain vigilant and take all necessary steps to protect our rights.”
The outcome of this case highlights PT The Univenus’s dedication to upholding its intellectual property rights and maintaining the trust of consumers and business partners. The ruling reinforces that unauthorized use of established trademarks will not be tolerated, ensuring the continued integrity of the “NICE” brand in the marketplace.
