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Edunity
Volume 2 Number 10, October, 2023
p- ISSN 2963-3648- e-ISSN 2964-8653
Doi:
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CASE STUDY OF GEPREK BENSU FRANCHISING DISPUTES
FROM INTELLECTUAL PROPERTY LEGAL PERSPECTIVE
Urbanisasi
1*
, Hartaty Halim
2
Faculty of Law, Tarumanagara University, Indonesia
Email: [email protected]
1*
, hartat[email protected]
2
ABSTRACT
Abstract: A trademark dispute between Benny Sujono and Ruben Onsu regarding the use of the
name "Bensu" in their brand led to a dispute over trademark ownership rights. Benny Sujono,
the original owner of the "I Am Geprek Bensu" brand, sued Ruben Onsu at the Central Jakarta
Commercial Court regarding the use of the "Bensu" frill in the "Geprek Bensu" brand owned by
Ruben Onsu. This dispute reflects the importance of protecting intellectual property rights,
including trademarks, in the business world. This case involves a court and a legal process that
will determine the ownership rights of the "I Am Geprek Bensu" and "Geprek Bensu"
trademarks, as well as whether Ruben Onsu's use of the trademark violates Benny Sujono's
ownership rights. The results of this study explain that the settlement of intellectual property
rights disputes over the culinary business brand Geprek Bensu with I Am Geprek Bensu based
on the Commercial District Court has been decided by decision Number 57/Pdt. Sus.
Brand/2019/PN Niaga Jkt Pst.) This trial will play an important role in resolving disputes and
determining the ownership rights to the trademarks concerned
Keywords: Franchise; Geprek Bensu; Trademark; Intellectual Property Right
Introduction
The Geprek Bensu Chicken product that is currently known to the public is a franchise
owned by artist Ruben Onsu. This franchise uses the name Bensu which is an acronym
for the owner's name (Wicaksana et al., 2022). Ruben Onsu's success in managing the
culinary business is proven by the establishment of 139 branches of his franchise spread
almost throughout Indonesia. The use of the name Bensu as a trademark has been used
by PT Ayam Geprek owned by Benny Sujono. Bensu is an abbreviation of the name of
the owner, Benny Sujono who founded a geprek chicken business under the name "I Am
Geprek Bensu". (Perdana, 2022)
Yancent Kurniawan and Stefani Livinus previously agreed to establish the "I Am Geprek
Bensu" business in March 2017. They considered the advice of their father, Benny Sujono,
and registered the business in the form of a legal entity based on the Limited Liability
Company Deed of PT. Ayam Geprek Benny Sujono Number 130 dated March 15, 2017,
before notary Netty Maria Machdar, S.H. (Gaumi & Hartono, 2022)
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This business is growing rapidly and favored by consumers and the wider community,
in a relatively short time, namely in May 2017 this food business has several branches.
At that time the branch business had established more than 40 branches spread widely
throughout Indonesia. Yancent Kurniawan and Stefani Livings finally found "I am
geprek bonus" on April 17, 2017, then they asked Jordi Onsu who also offered to be the
operations manager. (Pinem & Gunadi, 2021)
It is known that Jordi Onsu was a playmate of Stefani livinus, then Jordi Onsu was
accepted and officially became the operational manager. This collaboration is in the
context of managing the joint food business and is only limited to management but not
business ownership, especially about the ownership of the brand "I am Geprek Bensu".
Jordi also offered his older brother, Ruben Onsu, a promotional ambassador which was
eventually approved by the owner. (Al Manda, 2022)
Benny Sujono's party agreed to make Ruben Onsu a promotional ambassador by posting
a photo of Ruben Onsu. This photo of Ruben Onsu is displayed in several branches of
the business venture "I am geprek bonus" which later developed into "I am geprek bonus
step veneer". As compensation for the cooperation, Ruben Onsu received payment of
business revenue sharing money from Benny Sujono. During the cooperation agreement
between Benny Sujono's party with Jordi Onsu and Ruben Onsu until the compensation
was paid, Ruben Onsu never disputed the use of the name "Bensu" in the business brand
"I am geprek bonus step beneerr". (Simangungsong & Nababan, 2019)
In the first month after the establishment of Benny Sujono's "I am geprek bonus step
beneerr", ruben onsu, who at that time was still a promotional ambassador, asked one of
the employees "I am geprek bonus step veneer" to work with him. This was then
suspected by Benny Sujono because he was worried about the possibility of providing
recipes or formulas for how to cook food menus in this business. Finally, in August 2017,
ruben onsu opened a food business with the same brand, namely "geprek bensu" where
the arrangement and decoration of the room resemble benny sujono's "I am geprek bensu
sedep Beneerr". (Mariana & Djaja, 2023)
Since opening the same type of food business, Ruben Onsu began to promote his
business by using the name "bensu" as his own. Benny Sujono believes this is done to
attract interest and attention as well as branding to consumers and the wider community
if Ruben Onsu's "geprek bensu" business is the same as Benny Sujono's "I am geprek
bensu" business so that consumers will switch to consumers of ruben onsu's geprek
chicken business. Then, Ruben Onsu as the owner of the business venture "Geprek
Bonus" tried to control and seize ownership of the name "I am Geprek Bonus" in bad
faith. (Muharman & Arifina, 2022)
On August 31, 2017, he advised Benny Sujono to no longer use the "best" appendage in
the food business brand "I am geprek bonus". most recently, on april 4, 2022, the dispute
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over ownership of franchise trademark rights resurfaced, benny sujono as the first owner
of the trademark "i am geprek bensu" officially sued ruben onsu to the central jakarta
commercial court. in addition to ruben onsu, benny sujono also sued the director general
of intellectual property of the directorate of brand and geographical indications. (Kansil,
2022)
The Lawsuit Was Registered Under Registration Number 32/Pdt.Sus-
HKI/TBrand/2022/PN. Commerce Jkt.pst related to the brand i am geprek bensu sedep
beneeerr or i am geprek bensu. The value of the lawsuit for compensation alone reached
rp 100 billion whose payment was carried out immediately and all at once, in another
petitum also asked the court to rule that the plaintiff had the rights to the brand "i am
geprek bensu sedep beneeerrr".
Plaintiff also requested the Ministry of Law and Human Rights of the Republic of
Indonesia. Directorate of Brands and Geographical Indications as Defendant II to carry
out the cancellation of the brand "Geprek Bensu" owned by Ruben Samuel Onsu as
Defendant I with number IDM000654532 dated September 6, 2019, and number
IDM000643602 dated May 24, 2019. Because the Geprek chicken product brand owned
by Benny Sujono has been registered with the Directorate General of Intellectual
Property Rights with number IDM000643531 dated May 24, 2019. The trial of this food
trademark dispute case will only enter the agenda stage of the first hearing which will
be held.
Research Method
This research uses a descriptive method with a qualitative approach supported by
literature studies.
Descriptive research through observation: The type of research method used is the case
observation methodology which aims to study the background of the "geprek bensu"
franchise dispute case intensively.
Literature study research: A type of research method used to collect data related to
franchise dispute cases through written sources such as news and legal expert opinions.
Result And Discussion
Franchise theory
In principle, franchising is a form of partnership in which there is a mutually beneficial
relationship between franchisees (franchisor) and franchisees (Franchisee) based on the
principle of mutualistic symbiosis. The success of a business with a franchise model
depends entirely on the ability of the franchisee's business partners to develop and run
the business by following the procedures, processes, and rules set by the franchisee.
(Idrus, 2017)
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In the case of a dispute between Benny Sujono and Ruben Onsu regarding the chicken
franchise Geprek, franchise theory becomes relevant in understanding the dynamics and
aspects involved in franchise relationships. This includes the role of the brand owner
(franchisor) in granting rights to use names and trademarks to other parties (Franchisee),
protection of intellectual property rights, as well as agreements and procedures
governing the relationship between the two parties. (Yudistia & Romadhona, 2022)
Use of the name "Bensu"
The use of the name "Bensu" in the context mentioned is related to the trademark of
Geprek chicken. This name was originally used by Benny Sujono in the brand "I Am
Geprek Bensu" which he founded. However, later Ruben Onsu used the appendage
"Bensu" in his brand "Geprek Bensu" which became famous among the public. The use
of the name "Bensu" by Ruben Onsu in his brand refers to the acronym of the owner's
name, namely Benny Sujono.
The use of the name "Bensu" by Ruben Onsu in the brand "Geprek Bensu" has led to a
dispute between Benny Sujono and Ruben Onsu regarding trademark ownership rights.
Benny Sujono felt that Ruben Onsu's use of the "Bensu" appendage in his brand could
confuse consumers and create the impression that Ruben Onsu's business was related to
his "I Am Geprek Bensu" business. This prompted Benny Sujono to sue Ruben Onsu to
court regarding a trademark ownership dispute. (Purba et al., 2023)
This dispute reflects the importance of protecting intellectual property rights, including
trademarks, in the business world. The use of similar or similar trademarks can cause
confusion among consumers and harm the original owner of the mark. This dispute is
part of a legal process that will determine the ownership rights of the trademarks "I Am
Geprek Bensu" and "Geprek Bensu", as well as decide whether the use of the name
"Bensu" by Ruben Onsu infringes the ownership rights of Benny Sujono's trademark.
Linkage to Intellectual Property Rights
The relationship with IPR (Intellectual Property Rights) in the case of the dispute
between Benny Sujono and Ruben Onsu regarding the geprek chicken franchise is very
important. IPR covers various aspects, including trademarks that protect business
identity and products from unauthorized use by other parties. In this case, both parties
mutually claim ownership rights to the trademark containing the "Bensu" appendage.
IPR also involves the protection of creative works and innovations, such as recipes,
procedures, and operational systems that are different.ah was developed by Benny
Sujono for the brand "I Am Geprek Bensu". The use of the name "Bensu" by Ruben Onsu
in the brand "Geprek Bensu" may infringe intellectual property rights owned by Benny
Sujono, including copyrights related to recipes and methods that characterize his
business. In this dispute, IPR will play a role in determining ownership rights and legal
protection of trademarks, as well as providing legal clarity and certainty for both parties
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regarding the use of the name "Bensu" in the context of the geprek chicken franchise
business.
Claims and Demands
In a trademark dispute between Benny Sujono and Ruben Onsu, Benny Sujono filed a
lawsuit at the Central Jakarta Commercial Court to claim the rights to the mark "I Am"
Geprek Bensu very delicious". On August 22, 2019, Ruben Onsu also filed a lawsuit
against PT Ayam Geprek Benny Sujono and the government of the Republic of Indonesia
regarding the Geprek Bensu brand. Ruben Onsu claimed that PT Ayam Geprek Benny
Sujono used the brand without permission in the culinary business "I Am Geprek Bensu
Sedep Beneerrr". Although Ruben Onsu registered the Bensu mark on September 3, 2015,
PT Ayam Geprek Benny Sujono registered the Geprek Bensu brand on June 7, 2018, and
has legal protection until September 3, 2025. The court in the trial rejected Ruben Onsu's
lawsuit and recognized PT Ayam Geprek Benny Sujono as the legal owner of the brand
"I Am Geprek Bensu Sedep Beneerrr" based on the Trademark and Geographical
Indications law. In his lawsuit, Benny Sujono demanded compensation of Rp 100 billion
whose payment was carried out immediately and asked the court to cancel Ruben
Onsu's "Geprek Bensu" brand.
This lawsuit reflects Benny Sujono's efforts in maintaining his trademark ownership
rights and protecting his business interests from the use of similar or similar marks by
other parties. The claim for compensation of Rp 100 billion also shows the amount of
loss that Benny Sujono considered suffered due to the use of the brand "Geprek Bensu"
by Ruben Onsu. In his lawsuit, Benny Sujono also requested that the Ministry of Law
and Human Rights of the Republic of Indonesia through the Directorate of Brands and
Geographical Indications carry out the cancellation of Ruben Onsu's "Geprek Bensu"
brand.
This trial will play an important role in resolving the trademark dispute between Benny
Sujono and Ruben Onsu. The court ruling will determine the ownership rights of the
marks "I Am Geprek Bensu very delicious" and "Geprek Bensu" as well as whether the
use of the marks by Ruben Onsu infringes Benny Sujono's ownership rights. In addition,
the claim for compensation filed by Benny Sujono will also be considered in the judicial
process to determine the potential losses that must be borne by the party found guilty in
this case.
Legal Hearings and Stages
The trial and legal process in the trademark dispute case between Benny Sujono and
Ruben Onsu related to the brand "Geprek Bensu" involved a court at the Central Jakarta
Commercial Court. During the trial, it was revealed that the brand "Geprek Bensu" was
first registered under the name of PT Ayam Geprek Benny Sujono based on the principle
of first to file (Laksono & Suryadi, 2020). Ruben Onsu then registered the same mark
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afterward. The hearing is related to IPR (Intellectual Property Rights) related to
trademarks.
During the trial, both sides present evidence, present legal arguments and give
testimony in order to strengthen their claims and defenses. The judge considers all
evidence and arguments presented before making a final decision. This legal process
aims to resolve the dispute between Benny Sujono and Ruben Onsu regarding the
ownership of the trademark "Geprek Bensu". (Zainullah, 2020)
In Court Judgment 57/Pdt.Sus-TBrand/2019/PN Niaga Central Jakarta, Central Jakarta
Commercial Court rejected Ruben Onsu's lawsuit and declared PT Ayam Geprek Benny
Sujono as the legal owner of the brand "I Am Geprek Bensu" based on Law Number 20
of 2016 concerning Marks and Geographical Indications.(Wijaya, 2020) This court
decision is a settlement of Intellectual Property Rights disputes in the field of
trademarks.
Conclusion
In the dispute between Benny Sujono and Ruben Onsu regarding the geprek chicken
franchise, there is a significant relationship with Intellectual Property Rights (IPR). This
case illustrates the importance of IP protection in the business world, especially related
to trademarks. These disputes involve claims of ownership rights to trademarks
containing the appendage "Bensu", as well as the use of similar or similar marks that
may cause confusion among consumers. IP protection, including trademarks, plays an
important role in determining ownership rights, providing legal clarity, and protecting
the interests of the original owner of the brand. Through a legal process involving the
court, the ruling will determine whether Ruben Onsu's use of the "Geprek Bensu" brand
infringes on Benny Sujono's trademark ownership rights. This whole case reflects the
importance of IP protection in maintaining trademark integrity and providing protection
against innovation and creative work in business.
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