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      Chelsea FC wins battle with Indonesian registrant

      Published on 22 Jan 2020 | 3 minute read

      IPKomodo is pleased (the lizard must declare his interest as a Chelsea fan) to report success in the recent CHELSEA trademark dispute in Indonesia.  See here for background

      A local registrant Hardiman had sued to invalidate two of Chelsea FC's marks as conflicting with his own. The Jakarta Commercial Court found against him.  The decision doesn't provide much insight; no clear rationale from the court why. If the mark was similar and prior it ought to be rejected. The proper course of action for Chelsea FC was to cancel Hardiman's mark, rather than wait for him to attack.  The court refused the Defendant' Chelsea FC's procedural objections. That is no surprise as there isn't much reason to suspect procedural errors. 
      This case may have worked out because Chelsea is so famous the court could not side with a pirate. In the similarity comparison court probably found sufficient differences. Firstly the two marks Hardiman claimed against were CHELSEA FOOTBALL CLUB and CHELSEA FC. Whereas his marks are CHELSEA and CHELSEA with logo.  A difference from CHELSEA FOOTBALL CLUB could possibly be right, but it is more suspect to say that CHELSEA and CHELSEA FC are not similar. 
      Chelsea FC may have a longer battle on as Hardiman has other Chelsea marks. many other Chelsea marks are on the register too.  But IP Komodo is happy with outcome if not the method of getting there. Unlike this weeks draw against Arsenal which IP Komodo is not at all happy about at all!
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      Deputy CEO, Principal
      +62 811 870 2616
      Deputy CEO, Principal
      +62 811 870 2616