MALAYSIA: A “SWISS” STORY INDEED
In Maestro Swiss Chocolate Sdn. Bhd. v Chocosuisse Union Des Fabricants Suisses De Chocolat, Kraft Food Schweiz AG and Nestle Suisse S.A., the Federal Court of Malaysia dismissed the appeal filed by the Appellant and allowed the appeal filed by the Respondents.
Maestro Swiss (hereinafter be referred to as “ the Appellant”) manufactures and sells various types of chocolates under the brand...
MALAYSIA: SUPPLY AND SALE OF INFRINGED PRODUCTS ARE NOT TRADE MARK INFRINGEMENT ACTIONS
In Doretti Resources Sdn. Bhd. v Fitters Marketing Sdn. Bhd., ‘PYRO’-Tech Systems Sdn. Bhd., Teamware Sdn. Bhd., Muetech Sdn. Bhd. and Foo Swee Koon, the High Court of Malaya in Kuala Lumpur allowed striking out the Plaintiff’s claim against the last two Defendants.
Doretti Resources Sdn. Bhd. (hereinafter be referred as “the Plaintiff”) is a registered owner of the trademark ‘PYRO’ associated...
SINGAPORE: PROMEDIA SUCCEEDS IN A COPYRIGHT INFRINGEMENT CASE
In the case of Global Yellow Pages Ltd v Promedia Directories Pte Ltd SGHC 09, the Singapore High Court dismissed Plaintiff’s claim and the Defendant had succeeded in its counterclaim for groundless threat of suit.
Global Yellow Pages Ltd (hereinafter referred to as “the Plaintiff”) publishes telephone directories in Singapore. The Plaintiff’s online directory is maintained at the URL...
MALAYSIA – PLAINTIFF SUCCEEDS IN DESIGN INFRINGEMENT AND PASSING-OFF CASE
In the case of Alpha Home Appliance Sdn. Bhd. v NSB Home Appliance and NSB Lighting Sdn. Bhd, the High Court allowed the Plaintiff’s claim and the Defendants’ counterclaim is dismissed with costs.
By way of background, Alpha Home Appliance Sdn. Bhd. (hereinafter referred as Plaintiff) a company incorporated in Malaysia and deals with the research and development, manufacture and distribution...
MALAYSIA: COPYRIGHT AND PASSING OFF ACTION DECIDED BY HIGH COURT
Public Performance Malaysia & Tan Ngiap Foo v Prism Berhad is a copyright infringement and passing off claim before the High Court of Malaya in Kuala Lumpur.
Public Performance Malaysia Sdn. Bhd. (hereinafter referred as “the First Plaintiff”) is a declared licensing body under the Copyright Act 1987 and has the mandate and responsibility to collect royalties on behalf of recording...
MALAYSIA: SKB’S APPEAL DISMISSED BY THE FEDERAL COURT
This is the Appellant’s appeal against the whole of the decision of the Court of Appeal in allowing the Respondents’ appeal against the decision of the High Court of Kuala Lumpur and this appeal is therefore dismissed by the Federal Court with costs.
SKB Shutters Manufacturing Sdn. Bhd. (hereinafter referred to as “the Appellant”) is the registered proprietor of Malaysian Patent No....
MALAYSIA: APPEAL DISMISSED BY THE FEDERAL COURT
In the case of Mesuma Sports Sdn. Bhd. v Majlis Sukan Negara Malaysia, the Federal Court in Malaysia dismissed the appeal with cost due the facts that Mesuma Sports was the first user of the tiger stripes.
Majlis Sukan Negara Malaysia (hereinafter referred as “the Respondent”) is a statutory body established under the provisions of the National Sports Council of Malaysia Act 1971 (Act 29). Its...
MALAYSIA: COURT OF APPEAL HELD PATENT VALID
The appellants in Yeohata Machineries Sdn. Bhd. & Anor v Coil Master Sdn. Bhd. appealed against the decision of the High Court which dismissed the appellants’ claim that the Defendants infringed the Malaysian Patent no. MY-125572-A (hereinafter be referred “the Patent”) and which allowed the respondents’ counterclaim to invalidate the Patent.
The Patent is owned by the first appellant...
MALAYSIA: RATO TRADE MARK AND COPYRIGHT OWNERSHIP DISPUTE DECIDED
In the case of Chongqing Rato Manufacturing Corporation v MP Machinery (M) Sdn. Bhd., the Malaysian High Court allowed the Plaintiff’s claims to expunge the registration of the Defendant’s trade mark.
Chongqing Rato Manufacturing Corporation (hereinafter referred as “the Plaintiff”) was incorporated on 1 June 2007 in China under the name of Chongqing Rato Power Co Ltd. On 19 September 2012, it...
MALAYSIA: NATIONAL NEWS AGENCY GIVEN CHANCE TO FILE DEFENCE
Borneo Rainforest Lodge v Bernama is a copyright claim in the High Court in Kota Kinabalu, Malaysia.
The Plaintiff, Borneo Rainforest Lodge, obtained judgment in default of appearance against the Defendant, Bernama, which is the Malaysian national news agency.
The Defendant filed an application to set aside or vary the judgment based on the following reasons:
(a) the Plaintiff named in this...