Trademark Infringement in the Advertising of Dupe Perfumes under Indonesian Trademark Law

Abstract

Dupe perfumes are the result of chemical engineering technology that produces scents resembling those of well-known branded perfumes. Their marketing strategy, through comparative advertising, often prominently features famous perfume trademarks in order to capitalize on their reputation and brand image. This phenomenon raises legal issues, as the unauthorized use of well-known trademarks has the potential to infringe upon the exclusive rights of registered trademark owners as regulated under Law Number 20 of 2016 concerning Trademarks and Geographical Indications. This study aims to analyze the forms of trademark infringement in the phenomenon of comparative advertising of dupe perfumes that unlawfully incorporates well-known trademarks under Indonesian trademark law. The research method employed is normative juridical, using a statutory approach and a conceptual approach. Data were obtained through library research, including legislation, legal literature, and relevant doctrines. The results of the study indicate that the inclusion of well-known trademarks in dupe perfume advertisements without authorization can be qualified as trademark infringement, as it fulfills the elements set forth in Article 83 of Law Number 20 of 2016, namely the existence of a registered trademark owner or licensee, the use of the trademark by another party without rights, similarity in its essential elements or in its entirety, and its use for similar goods or services.