Wan Nurul Aisyah
Aisyah as she is fondly known by her friends and clients, was born and raised in Raub in the Malaysian eastern state of Pahang. She successfully completed her tertiary study with Bachelor’s degree in Biotechnology (Hons) from INTI University which is one of the most respected and recognised private universities in Malaysia before completing her MSc. (Industrial Science) from Universiti Tenaga...
MALAYSIA: MERCK SHARP & DOHME HITS ANOTHER OBSTACLE
In January of 2019, the Court of Appeal at Putrajaya delivered a judgment to the matter of Merck Sharp and Dohme Corp (hereinafter referred to as “Appellant 1”) and Merck Sharp and Dohme (Malaysia) Sdn. Bhd. (hereinafter referred to as “Appellant 2”) v Hovid Berhad (hereinafter referred to as “Respondent”), which attracted a lot of interest in the industry and amongst patent practitioners in...
SINGAPORE: WOULD A FREIGHT FORWARDER BE LIABLE FOR TRADEMARK INFRINGEMENT FOR TRANSSHIPPING COUNTERFEIT GOODS?
This case is in relation to whether a freight forwarder would be liable in the event if they import or export either by way of transshipment without having the knowledge that the package may contain counterfeit goods.
A trade mark infringement action was taken against a Singapore freight forwarder Megastar Shipping Pte. Ltd. at the Singapore High Court by Burberry Limited and Louis Vuitton...
MALAYSIA: JAPANESE COMPANY DEFEATS MALAYSIAN COMPANY IN A TRADE MARK AND COPYRIGHT CASE
In a High Court ruling, Hakubaku Co. Ltd. (hereinafter referred to as “the Plaintiff”), a Japanese company which manufactures, among others, noodles is allowed to file a trade mark expungement application under Section 45(1)(a) of the Trade Marks Act 1976 (hereinafter referred to as “the TMA”) to expunge a registered trade mark registered by a Malaysian company Asiamega Food Manufacturers Sdn....
MALAYSIA: KINGTIME IS VICTORIOUS
In November of 2018, the High Court of Malaya in Kuala Lumpur delivered a judgement in Kingtime International Limited (hereinafter referred to as “Plaintiff 1”) and Gryphon Energy (Asia-Pacific) Sdn. Bhd (hereinafter referred to as “Plaintiff 2”) v Petrofac E&C Sdn. Bhd (hereinafter referred to as “Defendant”), which dealt with the principles of interpretation of claims in a patent...
MALAYSIA: IS IT RIGHT FOR COURTS TO ALLOW COSTS ORDERS TO STATE OR STATE AUTHORITIES?
This is a unique appeal case between the Malaysian Registrar of Trade Mark (hereinafter referred to as “the Appellant”) and two Malaysian companies, Adabi Consumer Industries Sdn. Bhd. and Sri Nona Industries Sdn. Bhd. which was previously known as Syarikat Taili Enterprise Sdn. Bhd. (hereinafter referred as “the 1st Respondent” and “the 2nd Respondent” respectively or 1st and 2nd Respondent,...
MALAYSIA: MAN ACCUSED OF MALICIOUS CYBER-ATTACK AGAINST OWN COMPANY RELEASED AND ACQUITTED
Loh Guo Shi (hereinafter referred to as the Defendant) was released without having to come to his own defence when the Magistrate’s Court ruled that the public prosecutor (hereinafter referred to as the Plaintiff) had failed to prove its prima facie case against the Defendant. On 27 September 2012 at around 12:30am, information was deleted from the My-Cloud-02 server belonging to a company...
MALAYSIA: JURISDICTION OF COURT IS DEFINED
In a recent copyright infringement case between multiple plaintiffs (hereinafter referred to as the ‘plaintiffs’) and multiple defendants (hereinafter referred to as the ‘defendants’), the Penang High Court had to decide on whether to allow the defendants to transfer proceedings to the Kuala Lumpur High Court in accordance with Section 25(2) and Paragraph 12 of the Schedule of the Courts of...
MALAYSIA: PORTCULLIS MALAYSIA ALLOWED TO CONTINUE USING NAME AND LOGO
A longstanding dispute between Portcullis (Singapore) Pte Ltd (hereinafter referred to as “the Plaintiffs”), companies bearing the Portcullis name in Malaysia and their main shareholder George Pathmanathan Michael anor (hereinafter referred to as “the Defendants”) was resolved when the Defendants were allowed to keep the name and logos of Portcullis in Malaysia ruled the Court of Appeals.
This...
MALAYSIA: ST JOHN AMBULANS AWARDED DAMAGES IN HIGH COURT RULING
A High Court ruling found that St. John Ambulans Malaysia (hereinafter referred to as “the Plaintiff”) is to be awarded MYR231,798.00 (app. USD58,000.00) for damages caused by PJ Uniform Sdn. Bhd. (hereinafter referred to as the Defendant) in its use and passing off of Plaintiff’s trademarks to sell clothing on 29 August 2018.
The Plaintiff claimed that Defendant was selling...