OT states that the similarity could lead to confusion among consumers. This could maintain the perception that the two brands are working together to bring toothpaste products to market. OT also argued that Formula is a well-known brand in the country and therefore deserves legal protection to preserve its existence and the company`s goodwill. The word „strong” on OT`s formula and Unilever`s Pepsodent mouthcare brands is becoming the focus of the legal battle between the two consumer goods giants. The Formula Strong trademark has been registered with the Directorate General of Intellectual Property under Class 3. Class 3 includes toothpaste, cleaners, denture varnishes, mouthwashes not intended for medical use. The court rejected OT`s initial claim for damages of 75 billion rupees and ordered Unilever to pay 30 billion rupees in damages. Unilever is appealing the court`s decision, saying the brand should be reviewed as a whole, „Formula Strong” and „Pepsodent Strong 12 Jam”, instead of the word „strong”. Make sure your information is up to date. Plus, use our free tools to find new customers. Meanwhile, the defendant named one of its oral care products „Pepsodent Strong 12 Jam.” The trademark will be registered at a later date under the same class as Formula. Trademark law in Indonesia is assigned on a first-to-file basis. The Central District Court of Jakarta ruled on January 7 in favor of Hardwood Private Limited or Orang Tua Group (OT) in the trademark dispute against Unilever.
OT filed a lawsuit against Unilever in May 2020 for trademark infringement of its oral care brand Formula.