HUGO BOSS Trademark Defeat in Indonesia: Lessons

HUGO BOSS AG’s Defeat in Trademark Dispute with John Laibahas: Implications for Global Trademark Protection

In today’s increasingly globalized business landscape, trademark protection has become paramount, particularly for prominent companies and renowned trademarks like HUGO BOSS AG. A trademark serves not only as a symbol of a company’s identity but also as a valuable asset with substantial worth in international markets. One notable case that has garnered attention in Indonesia is the lawsuit filed by HUGO BOSS AG against John Laibahas, who registered a trademark strikingly similar to the famous "HUGO BOSS" trademark. This case sheds light on the challenges international companies face in protecting their trademarks within local jurisdictions and underscores the importance of Law No. 20 of 2016 on Trademarks and Geographical Indications (Law No. 20 of 2016) in providing legal protection for well-known trademarks.

The HUGO BOSS Case in the Commercial Court of Central Jakarta

In Decision No. 80/Pdt.Sus-HKI/Trademark/2025/PN Niaga Jkt.Pst, rendered on November 3, 2025, HUGO BOSS AG filed a cancellation lawsuit against the "Hugo Spandex Fit" trademark, registered under registration number IDM001127116 in class 25 by John Laibahas. HUGO BOSS AG argued that the trademark registered by the defendant was substantively similar to their globally recognized trademark and should, therefore, be canceled.

Despite HUGO BOSS AG being the owner of an internationally registered famous trademark, the lawsuit was dismissed by the court. The Commercial Court in Central Jakarta ruled that there was insufficient evidence to demonstrate that the "Hugo Spandex Fit" trademark was significantly similar to the "HUGO BOSS" trademark or could cause confusion among consumers. This decision highlights the critical need for strong evidence to support claims of trademark similarity, reinforcing the notion that the protection of well-known trademarks in Indonesia depends on clear and compelling evidence.

Protection of Well-Known Trademarks in Indonesia: Legal Implications

This case provides valuable insights into the protection of well-known trademarks under Indonesian law. According to Law No. 20 of 2016, trademarks that are duly registered and widely recognized internationally are entitled to special legal protection in Indonesia. However, this protection is not automatically granted.

Article 21 (1) of the Trademark Law stipulates that a trademark application that is similar in essence and/or in its entirety to a well-known trademark can be rejected, whether for similar or dissimilar goods and/or services. Although HUGO BOSS AG has had its "HUGO" trademark registered in multiple countries, including Indonesia since 1989, the court found no significant similarity between the trademark registered by John Laibahas and the "HUGO BOSS" trademark. This decision underscores the importance of a thorough evaluation of overall trademark characteristics, rather than relying on isolated elements.

The Position of the Defendant: John Laibahas

John Laibahas, the defendant in this case, holds the registered trademark "Hugo Spandex Fit" which was registered on October 6, 2023, in class 25. Laibahas argued that the trademark was not intended to imitate or infringe upon the "HUGO BOSS" trademark. In his defense, Laibahas contended that, despite using the name "Hugo" the trademark differed sufficiently in design and pronunciation to prevent confusion in the market.

The court concluded that, although there was some resemblance in the name "Hugo" the differences in other design elements, coupled with the defendant’s good faith in registering the trademark, were sufficient to prevent the cancellation of the trademark. This ruling emphasizes the need to foster healthy market competition while ensuring that trademark rights are not unjustly exploited based on weak claims.

Key Takeaways for Intellectual Property Lawyers

For Intellectual Property (IP) lawyers dealing with international clients, especially those working with well-known trademarks in Indonesia, an in-depth understanding of the Indonesian trademark system is essential. Indonesia follows a first-to-file system, which means trademark rights are granted to the first party to file a trademark application, rather than solely based on prior use or global recognition. Consequently, IP lawyers should ensure that their clients’ trademarks are registered promptly in Indonesia, particularly for those that are well-established internationally.

Moreover, in understanding similarity in essence and/or in its entirety, IP lawyers should recognize that similarity in essence refers to the presence of dominant elements that could lead to consumer confusion. These elements include the name, logo, and design of the trademark, which are often seen as the key identifiers in the marketplace.

Will HUGO BOSS AG File for Cassation?

As of the publication of this article, it is uncertain whether HUGO BOSS AG will file for cassation against the ruling to the Supreme Court of the Republic of Indonesia. As the losing party, HUGO BOSS AG has the right to seek cassation, as provided in Article 78 (1) of the Law No. 20 of 2016, which states:

"A cassation appeal may be filed against the Commercial Court’s decision on a cancellation lawsuit as referred to in Article 76 (3)"

Therefore, although the decision has been made, HUGO BOSS AG still has the opportunity to continue the legal process by filing for cassation. This process will be crucial for ensuring the protection of well-known trademarks in Indonesia and for testing the boundaries of trademark protection within the local market.

International Trademark Protection in Indonesia

Indonesia offers robust legal protection for well-known trademarks, but challenges remain, especially concerning the evidence required to support claims of infringement. IP lawyers handling international trademark cases in Indonesia must understand the trademark registration system and the legal principles governing similarity in essence and/or in its entirety. Timely and proper trademark registration is vital for ensuring optimal legal protection for international companies.

If you are an Intellectual Property lawyer handling international trademark cases or a company seeking to protect your trademark in Indonesia, ARBIL & Co. is here to assist you with our expertise in international trademark law. Contact us at info@arbil.co.id for further consultation.