Malaysia: Ken Holdings & Ors succeed
In the case of Ken Holdings Berhad & Ors v Sri Seltra Sdn Bhd & Ors, the High Court of Malaya at Kuala Lumpur adjudged Sri Seltra Sdn Bhd & Ors to have committed the tort of passing of while simultaneously rejecting Sri Seltra Sdn Bhd & Ors counter claim for defamation and unlawful interference.
Ken Holdings Berhad & Ors (hereinafter referred to as “the Plaintiffs”) operate...
Malaysia: Exporter Does Not Infringe A Locally Registered Trade Mark
In the case of Finder Industries (M) Sdn. Bhd. V M B Products (M) Sdn. Bhd., the High Court of Malaya at Melaka, Malaysia dismissed the Plaintiff’s claims for infringement and passing off.
Finder Industries (M) Sdn Bhd (hereinafter referred to as “the Plaintiff”) is a company incorporated in Malaysia and is a registered proprietor of the trade mark “O’Lagenda” claiming coffee, tea and cocoa in...
Malaysia: Court of Appeal Rejects Pfizer’s Application To Amend Patent
In the case of Pfizer Ireland Pharmaceuticals v Ranbaxy (Malaysia) Sdn. Bhd., the Malaysian Court of Appeal affirmed the High Court’s decision and restricted Pfizer Ireland Pharmaceuticals from modifying its patent claims.
Pfizer Ireland Pharmaceuticals (hereinafter referred to as ‘the Appellant’) is the owner of Malaysian Patent No. MY-111446-A (hereinafter referred to as ‘the Appellant’s...
Malaysia: Court of Appeal Found Magic Boo Innocent
In the case of Magic Boo Beauty Sdn Bhd v Koh Chui Ngoh T/A Perniagaan Lily, the Malaysian Court of Appeal overturned the High Court’s decision and declared Magic Boo Beauty Sdn Bhd free from the alleged claim of passing off.
Koh Chui Ngoh T/A Perniagaan Lily (hereinafter referred to as ‘the Respondent’) claimed to have imported into Malaysia and sold in the Malaysian market goods with the...
Singapore: Court of Appeal Reverses High Court’s Decision
Recipients of our e-newsletters will surely recall that we had reported in May 2012 that the Singapore High Court held that Hai Tong Co (Pte) Ltd had failed to discharge its burden of proving that there was damage or a likelihood of damage to its goodwill and therefore dismissed the passing off claim by Hai Tong Co (Pte) Ltd.
Hai Tong Co (Pte) Ltd had since filed an appeal at the Singapore...
Singapore: Sanofi-Aventis Singapore Pte Ltd Granted Rights To Obtain Further and Better Particulars
In the case of AstraZeneca AB (SE) v Sanofi-Aventis Singapore Pte Ltd, the High Court allowed the request by Sanofi-Aventis Singapore Pte Ltd and ordered AstraZeneca AB (SE) to furnish further and better particulars of that were requested by Sanofi-Aventis Singapore Pte Ltd.
AstraZeneca AB (SE) (hereinafter referred to as “the Plaintiff”) is the proprietor of Singapore Patent No. SG 89993...
Malaysia: Nehemiah Reinforced Soil Sdn Bhd v Patrick Cyril Augustin & Anor: High Court’s Decision Upheld by Court of Appeal
Recipients of our e-newsletters will surely recall that we had reported in February 2012 that Malaysian High Court in Shah Alam had declared Patrick Cyril Augustin & Anor’s Malaysian Patent No. MY-103619-A to be invalid. Patrick Cyril Augustin & Anor had filed an appeal against the decision and recently, the Court of Appeal upheld the High Court’s decision and declared the patent to be...
Malaysia: What’s In A Name? Everything!
In the case of Tai Foong Lam v Hamdi Abdullah & 3 Ors, the Malaysian Court of Appeal overturned the High Court’s decision of allowing Hamdi Abdullah and others to continue using the name of their dissolved partnership firm and allowed Tai Foong Lam’s appeal without costs.
Tai Foong Lam (hereinafter referred to as “the Appellant”) and Hamdi Abdullah and Vincent Chan Siew Onn (hereinafter...
Malaysia: Trinity v Trinity
In the case of Trinity Group Sdn Bhd v Trinity Corporation Berhad, the High Court in Malaysia adjudged Trinity Corporation Berhad to have committed the tort of passing off and allowed the claims made by Trinity Group Sdn Bhd with costs.
Trinity Group Sdn Bhd (hereinafter referred to as ‘the Plaintiff’) is a private limited company incorporated in 2004 and involved in the business of project...
Singapore: Court of Appeal reversed High Court’s decision
Our clients and associates will surely recall our article which was published on 28 June 2012 wherein we have reported that the Singapore High Court dismissed Singapore Professional Golfers’ Association’s action for passing off against Chen Eng Waye and others with costs as Singapore Professional Golfers’ Association could not prove the existence of “classical trinity”, namely...