Recently, social media was enlivened by the emergence of a Warkopi group whose members have similarities with Warkop DKI. For information, Warkop DKI is a comedy group formed in the 70s with the main personnel Dono, Kasino, and Indro. Unfortunately, the emergence of these three young men named Sepriadi, Alfred, and Alfin was not welcomed by some people, one of whom was a member of Warkop DKI, Drs. H. Indrodjojo Kusumonegoro, M.M or familiarly called Indro Warkop. Indro does not mind if there are people/groups who want to present Warkop DKI, but because Warkopi imitates the clothes and characters of Dono, Kasino, and Indro without permission, the three of them are considered plagiarism as well as copyright infringement. Warkop DKI itself has indeed registered its trademark at the DJKI under the name Warung Kopi Dono Kasino Indro for class 41, class 35, class 16, and class 43 since 2004. Warkop DKI has also starred in various comedy films that are protected by copyright as part of cinematographic creations. Then, does Warkopi’s resemblance to Warkop DKI include IPR infringement? Let’s see the answer from the following Legal Contract.
Brand at a glance
According to Law No. 20 of 2016 on Trademarks and Geographical Indications, a trademark is a sign that can be displayed graphically in the form of images, logos, names, words, letters, numbers, color arrangements, in 2-dimensional and / or 3-dimensional form, sound, holograms, or a combination of 2 or more of these elements to distinguish goods and / or services produced by persons or legal entities in the trading activities of goods and / or services. The right to Trademark is an exclusive right granted by the state to the registered trademark owner for a certain period of time by using the trademark itself or giving permission to other parties to use it.
(Read also: Trademark Registration Application Procedure)
Warkopi IPR Infringement
In the case of Warkopi, Warkop DKI already has trademark rights. The actions taken by Warkopi when imitating the name Warkop DKI and then using the identity of Dono, Kasino, Indro in commercial activities (conducting entertainment events or activities by opening a YouTube channel and being present in various television programs) have the potential to be trademark infringement. This is because Warkopi has unauthorizedly used a registered trademark that is substantially or wholly similar to similar goods and/or services. If referring to the provisions in the Trademark Law, Warkopi can be sued civilly to provide compensation and/or stop all actions related to the use of the trademark. If proven, Warkopi could also be convicted of plagiarism with a maximum imprisonment of 4 years and/or a maximum fine of Rp 2 billion. Regarding copyright infringement, Warkop DKI itself has starred in various films and soap operas that are protected by copyright as part of cinematographic creations. Although copyright is not registered, the right automatically arises and is owned by the creator when someone realizes his creation in real form and is announced in advance. When there is another party who wants to use someone else’s creation, then the party must obtain a license from the creator or copyright holder. A license is a written permission granted by the copyright holder or the owner of the related rights to another party to exercise the economic rights to his/her creation or related rights product under certain conditions. If Warkopi parodies the style of Warkop DKI, creates stories from movie scenes, lip syncs from original voices, uses photos of Warkop DKI member characters and puts them side by side to look similar and then is displayed in various YouTube channels and television programs, then these actions are a form of economic utilization. If the above actions are carried out without permission, then Warkopi is committing a violation of economic rights. Warkopi can be prosecuted criminally for without rights and / or without the permission of the creator or copyright holder to exercise economic rights for commercial use with a maximum imprisonment of 3 years and / or a maximum fine of Rp 500 million. From the discussion above, it can be concluded that the facial resemblance between Warkopi members and Warkop DKI is not a problem. However, the use of the name Warkopi as well as the act of imitating the characters from the cut scenes of films and soap operas starring Warkop DKI without the permission/license of the trademark owner, creator, or copyright holder is a form of violation of Intellectual Property Rights. Therefore, the trademark owner, creator, or copyright holder has the right to sue Warkopi and obtain legal protection.
KH Contact
Well Friend KH, that’s the explanation from Kontrak Hukum regarding IPR issues between Warkop DKI and Warkopi. If Sobat KH has questions regarding copyright, trademark registration, or wants to ask for help to register Sobat KH’s trademark, do not hesitate to visit the page https://kontrakhukum.com/kekayaan-intelektual/ contact Kontrak Hukum at the following link Ask KH or through our Instagram social media @kontrakhukum.
