PERBUATAN MELAWAN HUKUM DALAM PENGGUNAAN NAMA DOMAIN YANG SAMA

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Irene Ivana Lieando

Abstract

Benny got the domain bmw.id at the sunrise period, which is the first period of domain registration by PANDI (Pengelola Nama Domain Indonesia). At this period, PANDI opened registration for the corporates or people who wanted to buy the domain name according to the trademark they use. Benny could have the domain bmw.id due to the submitted trademark registration for the “BMW Patent” in 2012, which is an intellectual property consultant company he runs. Benny used this name because he claims this is the abbreviation of his name, Benny Muliawan. Benny has been using the domain name as his email address, doktermerek@bmw.id, since june 2014 and Benny is planning to make a website using  domain name (bmw.id). BMW company has been using the domain bmw.co.id as the company site and product information. This domain is registered since July 20, 2001 with the registran name Domain Manager, Bayerische Motoren Werke AG, at Munich, Jerman. In addition, BMW has had the international domain (bmw.com). However, the problem began when BMW Group, who has the trademark certificate in Indonesia, did not accept the domain bmw.id, which Benny had. This happened because it involves its global trademark and BMW company reputation in the future since BMW company is known as the luxury car company in the whole world

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