TANGGUNG GUGAT AKIBAT PELANGGARAN PASSING OFF DALAM HUKUM MEREK
Abstract: The trademark has an
exclusive right. The rights are to use the trademarks and to give license to
other people/party to use the trademarks.
Without the license from trademarks owner, if someone else use the
trademarks, it’s infringement. There are many kinds of infringement of
trademarks that are similarity, passing off. Passing off is to use the trademarks wrongly and it’s
has impact to loose other people. Passing off is one of the infringement of trademarks in a common
law system. Passing off is a common law
tort which can be used to enforce unregistered trademark rights. The tort of
passing off protect the goodwill of trader from a misrepresentation that causes
damage to goodwill. The law of passing off prevents one person from
misrepresenting his or her goods or services as being the goods and services of
the claimant, and also prevents one person from holding out his or her goods or
services as having some association or
connection with the plaintiff when this is not true.
Penulis: Agung Sudjatmiko
Kode Jurnal: jphukumdd100127
