INILAH.COM, Jakarta - Bloggers who fell out with Sony Corp. berkukuh want to defend her site's name www.sony-ak.com. But legal experts assess the Sony Corp. have the right demanding that name.
Expert Intellectual Property Rights (IPR) Agus Sardjono assess the feud between the Sony Corporation with Sonny AK associated with the brand. And who could use a name that is who is more used to register the trademark.
"So for Sony, which could gunain yes Sony name of that company," he said when contacted in Jakarta, yesterday. He said Sony had no case name used by the company's underwear. From the case, Sony Corp. wins and apparel company in his name that is not permissible. According to Agus in existing Trademark Law the term 'similar in principle'. In this case, if there are people using similar marks owned by others, then that person could be prosecuted was similar Besides global brands are also protected internationally. Agus said there was international agreement that in essence, a brand known to be protected. While for the case of Sony Corp. Sony AK with the international law is applicable. But according to Agus, laws in both countries is also a consideration. He considered there was also confusion regarding the Act ITE domain. According to Agus Act brand with cyber law intersect and sometimes mutually contradictory.
"But in my opinion, Sony's fair to sue a blogger Indonesia kok," he asserted. While Sony AK domain owner www.sony-ak.com Sony Corp. said legal counsel was still at the beginning that he himself handed demands that domain name or will be submitted to the legal desk. "Currently there is no further talk about this. There has been no talks about buying domain buying, "he added. Sony AK also affirmed that it wanted to remove his own domain. He admitted dealing with psychological problems, because the building site was not just one or a few months aja. Then how many U.S. dollars must be spent by Sony Corp. to Sony AK would remove its domain? "I have not thought about it," exclaimed the man who wrestle the IT field, as he asserted did not want to exploit his name to benefit from Sony Corp.
"All there must be pros and cons. But I just want to emphasize that my site was already long. Besides what's in it for me to have the same legal case Sony Corp., "he said. Legal Practitioners David Tobing rate no one infringed Sony AK recall. in accordance with international trade law if seen through the eyes of Sony Corp. But it must also be seen from the position of Sony AK.
"I see there are two things. First, as long as he can be sure that Sonny AK is actually his real name. Second, the blog that he uses there is no element that disparaged the Sony Corp.. AK I think Sonny is no problem of any laws, "said one Legal Team Competition Supervisory Commission (KPPU) this. He added that Sony AK is going to lose if the website represents the trademarks of Sony. It is a gap that can be used by Sony Corp.. For this case Sony Corp. could use the two laws. International law also Indonesian law. But according to David's second law is not a problem for Sony AK. But David himself assess the Sony Corp. excessive action. "It's excessive, it's just simply a domain name. Indeed according to the International Agreement famous brand must be protected. This was just talking about two different classes. Which one electronic classroom, which is only about the Internet. While discussing about the brand, just different from their use, "he said. He considered there are three things which benefit Sony AK. Different in terms of their class. From the legal jurisdiction, AK Sony's original use her name. "Any of the article UU ITE, which indicate that Sony AK difficult convicted. He's really not a profitable trade using the website. In contrast to Sony Corp., "said David. [MDR]
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