MALAYSIA: HOW PATENT DAMAGES ARE ACCESSED BY COURT
In the case of Asia File Products Sdn Bhd (herein referred as “Plaintiff”) V Brilliant Achievement Sdn Bhd, Lion File Marketing Sdn and Kho Kok Seang (herein referred as “1st, 2nd and 3rd Defendant respectively”) at the Court of Appeal against the Senior Assistant Registrar’s (hereinafter referred to as “the SAR”) assessment of compensatory damages for patent infringement (hereinafter referred...
MALAYSIA: MARKETING GOODS VIA INSTAGRAM IS STILL A TRADE MARK INFRINGEMENT
On 1 March 2019, High Court of Malaya at Kuala Lumpur delivered a judgement to the matter of 30 Maple Sdn. Bhd. (hereinafter referred to as the “Plaintiff”) v Siti Safiyyah Binti Mohd Firdaus Chew, an individual (hereinafter referred to as the “Defendant”).
The Plaintiff is a private limited incorporated under the laws of Malaysia and is engaged in manufacturing, supplying, and promoting the...
MALAYSIA: FOREIGN ENTITY MUST PAY SECURITY COSTS IN ORDER TO INITIATE LITIGATION
This case was in relation to two foreign companies whereby Merck KGaA (hereinafter referred to as “the Plaintiff”) which is involved in the business of pharmaceutical, chemical and life sciences and Xtalic Corporation (hereinafter referred to as “the Defendant”) which is involved in the business relating to nanostructured materials with regards to a dispute about the security for costs...
MALAYSIA: PERMANENT INJUNCTION ISSUED AGAINST INFRINGER
In a recent High Court ruling, HEINEKEN ASIA PACIFIC PTE LTD (hereinafter referred to as “the Plaintiff”), a registered proprietor in Malaysia of “BINTANG” mark, which produce, manufacture, package, distribute, market and sell beer, non-alcoholic beer and a range of other beverages had filed a summary judgement application (“Application”) for certain injunctive orders against SUPER LA VIA SDN...
MALAYSIA: THE TORT OF PASSING OFF DEFINED
This case was in relation to the tort of passing off whereby both the Plaintiff and Defendant are accountable for the tort of passing off that was originally registered by the Plaintiff upon setting up a partnership business in Malaysia for real estate services. On the other hand, the Defendant is claiming that the Plaintiff has committed the act of passing off as the registered mark was...