Singapore: Mainfreight v. Mainfreight. Guess who is the winner?
In the case of Mainfreight (S) Pte. Ltd. v Mainfreight International Logistics Pte. Ltd., the High Court of Singapore adjudged in favor of Mainfreight (S) Pte. Ltd. granting injunction restraining Mainfreight International Logistics Pte. Ltd. from passing-off its business as that of Mainfreight (S) Pte. Ltd.’s.
Mainfreight (S) Pte. Ltd. (hereinafter referred to as “the...
Malaysia: A Gem of a Story
In the case of Degem Berhad & Anor v De Gem Goldsmith & Jewellery Sdn. Bhd. & Ors, the High Court of Malaya at Kuala Lumpur adjudged De Gem Goldsmith & Jewellery Sdn Bhd & Ors to have committed the tort of passing-off their business as that of Degem Berhad & Anor.
Degem Berhad (hereinafter referred to as “the 1st Plaintiff”) was incorporated in Malaysia in...
Singapore: An interesting decision on copyright, breach of confidence and non- competition issues
In the case of PH Hydraulics & Engineering Pte. Ltd. v. Intrepid Offshore Construction Pte Ltd. and another, the Singapore High Court held Interpid Offshore Construction responsible for copyright infringement and breach of confidentially obligations.
PH Hydraulics & Engineering Pte. Ltd. (hereinafter referred to as ‘the Plaintiff’) is a Singapore incorporated company which...
Malaysia: Microsoft emerges victorious
In the case of Microsoft Corporation v Act Integrated System Sdn. Bhd., the Malaysian Court of Appeal revoked the High Court’s decision of dismissing Microsoft’s action against Act Integrated System for infringement of copyright.
Act Integrated System (hereinafter referred to as ‘the Defendant’) is a company incorporated in Malaysia and deals with computer and computer...
Singapore: A trade mark saga
In the case of Intuition Publishing Ltd. v Intuition Consulting Pte. Ltd., the Singapore High Court relieved Intuition Consulting Pte. Ltd from the trademark infringement claims in the shade of in-sufficient evidence.
The Plaintiff, Intuition Publishing Ltd. which was previously known as Financial Courseware, adopted its present name on 17 April 1998 and has its subsidiary in Singapore...
Singapore: Patent held valid and hence infringed
In the case of Main-Line Corporate Holdings Ltd. v DBS Bank Ltd, the High Court of Singapore upheld the validity of the Main-Line Corporate Holdings Ltd. patent and found that it had been infringed by DBS Bank Ltd.
Main-Line Corporate Holdings Ltd. (hereinafter referred to as ‘the Plaintiff’) owns Singapore Patent No. 86037, filed in 1999 and granted in 2003. The patent, entitled...
Singapore: Let’s Tee Off
In the case of the Singapore Professional Golfers’ Association v Chen Eng Waye and Ors, 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...
Malaysia: For interim relief, serious question and the balance of convenience must be proved
In the case of Ken Holdings Berhad & Ors v Sriseltra Sdn. Bhd, the Malaysian High Court in Kuala Lumpur allowed the Plaintiffs’ application of interlocutory injunction to restrain the Defendant from committing the act of passing-off and dismissed with cost the Defendant’s claim of restraining the Plaintiffs to seek verification as to the truthfulness of affidavits submitted by the...
LotteNidoo and Nido: A Case of David vs Goliath
In the case of Hiu Kuan Hoe v Societe Des Produits Nestle S.A., the Malaysia Court of Appeal held that the High Court Judge was clearly wrong in upholding the decision of the Registrar in refusing to register Hiu Kuan Hoe’s trade mark on basis of misapplication of the facts.
Hiu Kuan Hoe (hereinafter referred to as “the Appellant”) had applied to the Registrar of...
Malaysia: “Onus Of Proof For Good Faith Is On The Defendant”
In the case of DJ Auto Components Manufacturing Sdn. Bhd. v FBK Systems Sdn. Bhd., the Malaysian High Court at Kuala Lumpur held that FBK Systems Sdn. Bhd. has failed to discharge the onus of proof that it has used the mark in good faith and allowed DJ Auto Components Manufacturing Sdn. Bhd.’s application for a Trade Description Order.
DJ Auto Components Manufacturing Sdn. Bhd....