Source: The Jakarta Globe, 30 September 2009 (written by Camelia Pasandaran)
Being twins hasn’t stopped Minardi Aminudin Kurnadi and Wartono Aminudin Kunardi from engaging in a bare-knuckle legal battle over the family business.
Minardi asked the Constitutional Court to review the nation’s law on branding after Wartono reported him to police for using a similar brand name.
On Tuesday, Minardi’s lawyer, Andreas Eno Tirtakusuma, said his client wanted the court to annul an article of the law stipulating that a brand name can’t be “principally or totally” similar to any existing brand name for the same type of product or service.
“We want it to be changed to ‘totally’ similar, and for the part about ‘principal’ similarity to be deleted,” he said during the court hearing.
The battle started after the twins decided to split the family construction-tool business, Lampung-based PT Sinar Laut, in 1995.
Minardi continued his business under the name Sinar Laut Abadi, while Wartono choose the name Sinar Laut Mandiri.
Andreas said Minardi had registered the name of his company with the Ministry of Justice and Human Rights. However, when he wanted to register his product’s brand name this year, the ministry rejected the request because there was already a similar brand name on the books.
After Wartono reported his twin to the police, Minardi filed suit in the Commercial Court, demanding that it revoke Wartono’s brand name.
The court approved his request, but Wartono has appealed. Now, the two of them are still pushing legal challenges with police, the Commercial Court and the Constitutional Court.
The Constitutional Court has asked Minardi’s lawyer to clarify his client’s legal standing and how he might have suffered losses under the law.
“The legal standing of the applicant is not clear,” presiding judge Arsyad Sanusi said.
“Is it an individual applicant, or the company as an applicant? Because you have to explain the constitutional loss suffered by the implementation of the Brand Law,” he said.
The next court hearing is expected to be held within two weeks.
