MALAYSIA: COURT OF APPEAL HELD SKYWORLD MARK IS WELL-KNOWN
Skyworld Development Sdn Bhd & Anor v Skyworld Holdings Sdn Bhd & Ors, is a case which involves trademark infringement, passing off and unlawful interference with trade.
The Plaintiffs are affiliated private limited companies involved in the business of real estate and property development and they are the registered owners of the mark “SkyWorld” in Malaysia since 2014.
The Defendants...
MALAYSIA: A DECISION ON RELEVANCE AND CAUSE OF ACTION RELATING TO PROPERTY MANAGERS
Appraisal Property Management Sdn Bhd (hereinafter referred to as “APM”), JLL Property Services (Malaysia) Sdn Bhd (hereinafter referred to as “JLLP”) and Jones Lang Wootton Ltd (hereinafter referred to as “JLWL”), (hereinafter collectively referred to as “the Appellants”) V Singham Sulaiman Sdn Bhd (hereinafter referred to as “the Respondent”), is an appeal concerning two consolidated suits...
MALAYSIA: TRADEMARK INFRINGEMENT AND OBLIGATION OF ONLINE PLATFORM PROVIDERS DEFINED BY COURT
A & M Beauty Wellness Sdn. Bhd. (hereinafter referred to as “the Plaintiff”) v Shopee Mobile Malaysia Sdn. Bhd. (hereinafter referred to “the Defendant”) is a case which concerns the obligations of e-commerce platform providers with reference to any counterfeit or trademark infringing products being offered for sale via their platform.
The Plaintiff is a company which is involved in beauty...
MALAYSIA: YKL ENGINEERING DEFEATED DURING APPEAL
This is a Malaysian case relating to YKL Engineering Sdn. Bhd. (hereinafter referred to as “the Plaintiff”) v Sungai Kahang Palm Oil Sdn. Bhd. (hereinafter referred to as “the 1st Defendant”) and and Profina Teknik Sdn. Bhd. (hereinafter referred to as “the 2nd Defendant”) which concerns patent and copyright infringement issues.
The Plaintiff is a design and manufacture company of specialized...
Nur Amalina Zamani
Nur Amalina was born and raised in Negeri Sembilan. She graduated from Universiti Putra Malaysia with Bachelor of Science in Biotechnology.
She started her intellectual property (IP) career in 2009. Prior to joining Adipven, she has worked in several IP and law firms. She has experience in managing patent locally and internationally as well as conducting novelty searches and drafting patent...
WOMEN SCIENTISTS IN PATENTING BRING DOUBLE THE EXPERIENCE TO THE TABLE
IMAGINE a world without scientists. People who work in science careers are responsible for many of the things we benefit from daily – from ways to develop potential cures of diseases to engineering marvels, new technologies and strategies to meet the rapidly growing global demand for energy, food and healthcare services.
Now, imagine a world where a zesty team of women...
MALAYSIA: PATENT – ULTIMATE DECISION ON DEPENDENT CLAIM’S SURVIVAL IN COURT
On 26 June 2018, an application for leave to appeal to the Federal Court filed by Merck Sharp & Dohme Group and Merck Sharp & Dohme (Malaysia) Sdn Bhd (hereinafter referred to as the Appellants) was granted. The application for leave to appeal was following the dismissal by the High Court on 30 August 2016 of the Appellants’ infringement action against Hovid Berhad (hereinafter...
MALAYSIA: TRADERS CAN BE FOUND LIABLE FOR THE TORT OF PASSING-OFF
On 12 February 2019, the Malaysian Court of Appeal delivered a judgement in a case of Lifomax Woodbuild Sdn Bhd v Amsteel Mills Sdn Bhd concerning tort of passing-off.
Lifomax Woodbuild Sdn Bhd (hereinafter referred to as “the Appellant”) appealed against decision of the High Court dated 24 September 2013, which had ruled in favour of the claim of Amsteel Mills Sdn Bhd (hereinafter referred to...
MALAYSIA: UNDERSTANDING THE VALUE OF TRADEMARKS CO-EXISTENCE IN OTHER JURISDICTIONS
In the High Court case of Merck KGAA v Xtalic Corporation, Merck KGAA (hereinafter referred to as the Plaintiff) filed an appeal against the Malaysian Registrar of Trade Marks (hereinafter referred to as the Registrar) dismissal of opposition to the application for registration of a trademark on 2 July 2018.
The Plaintiff is a private limited company incorporated in Germany involved in the...
Protecting Your Business in a Global Market
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Last year, Malaysia joined the Madrid Protocol becoming the 106th member of the Madrid System. The Madrid System enables brand owners or entrepreneurs to protect their brands in 122 countries, including the United States, Australia, the United Kingdom and...