IT’S NICHE, MIND YOU!
In the case of Doctor’s Associates Inc. v Lim Eng Wah (trading as SUBWAY Niche) the Singapore High Court held that for visual and aural similarity, one must bear in mind the “imperfect recollection” of customer and “the ideas that lie behind” for conceptual similarity.
Doctor’s Associates Inc. (hereinafter referred to as “the plaintiff”) is an American...
IT’S ROSE(Y) LIFE OUT THERE!
In the case of Hai Tong Co (Pte) Ltd v Ventree Singapore Pte Ltd and another, the Singapore High Court found that the defendants had infringed the plaintiff’s “Lady Rose” word mark and granted plaintiff the injunctions to restrain the defendants from infringing the plaintiff’s mark.
Hai Tong Co Pte Ltd (hereinafter referred to as “the plaintiff”) is a...
SINGAPORE: FOR A MARK REGISTERED IN BAD FAITH THE BURDEN OF PROOF LIES IN THE PARTY ASSERTING IT AND REQUIRES A HIGH STANDARD OF PROOF
In the case of P. T. Swakarya Indah Busana v Haniffa Pte Ltd and another, the Singapore High Court declared the applications filed by two parties to register 15 trade marks were invalid as they were in filed in bad faith.
P. T. Swakarya Indah Busana (hereinafter referred as “the Plaintiff”) is a corporation incorporated in the Republic of Indonesia manufacturing garments bearing the marks...
MALAYSIA: ASSIGNEE OF RIGHTS OF AN INDUSTRIAL DESIGN IS REGISTERED PROPRIETOR OF INDUSTRIAL DESIGN
In the case of AV Future Link Sdn. Bhd. v Inno Supply & Services Sdn. Bhd., the Malaysian High Court in Kuala Lumpur dismissed AV Future Link’s claim for unlawful interference and allowed the Inno Supply & Services’ counterclaim of legal and beneficial ownership of a number of registered industrial designs.
The Court held that the rights obtained through registration of an...
MALAYSIA: INFRINGING COPY MUST BE OBVIOUS IMITATION OF THE REGISTERED DESIGN UPON THE VISUAL COMPARISON
In the case of Visiber Sdn. Bhd. v Tan Meng Them and others, the Malaysian High Court in Kuala Lumpur upheld the industrial design infringement claim of Visiber over its business that uses inverted triangle formula (“the methodology”) in its multi-level marketing network.
The Court held that the Plaintiff has proved on the balance of probability that the Defendants have infringed the...
SINGAPORE PATENT CASE UPDATE: MARTEK TURNS THE TABLES ON APPEAL
Martek Biosciences Corporation had recently succeeded in getting the Singapore High Court in affirming that Martek’s Singapore Patent No. 42669 (hereinafter referred to as “the Singapore Patent”) to be valid.
By way of history, a Tribunal comprising the Deputy Registrar of Patents and the Principal Assistant Registrar of Patents had held that the Singapore Patent to be invalid and therefore...
WHAT MADE THIS MALAYSIAN PATENT REVOKED?
The Malaysian High Court in Shah Alam, Selangor has recently revoked Malaysian Patent No. MY-103619-A and the reasons for the revocations made an interesting reading.
In the case of Nehemiah Reinforced Sdn. Bhd. vs. Patrick Cyril Augustine & Imbiraj K. S. Abraham, the Court held that Malaysian Patent No. MY-103619-A (hereinafter referred to as “the Patent”) which was granted...
EVEN DOCUMENTS IN ARCHIEVE CAN ALSO CAUSE TRADE MARK CONFUSION AMONGST CONSUMERS
In the case of Jacmoli Designs & Jewellers Sdn. Bhd. vs. YTL Corporation Berhad, the Malaysian High Court in Kuala Lumpur upheld a trademark infringement claim over archived jewelry items on a community website. The Court in Kuala Lumpur held that even documents that have been achieved but still accessible to the public can create confusion amongst the consumers and therefore, held that...
MALAYSIA ANNOUNCES INCREASE IN OFFICIAL FEES FOR INDUSTRIAL DESIGN MATTERS
The Intellectual Property Corporation of Malaysia (MyIPO) has recently announced that Industrial Designs Regulations 1999 has been amended and the amended Industrial Designs (Amendment) Regulations 2012 has been published on MyIPO’s website. Please click here for a copy of the Industrial Designs (Amendment) Regulations 2012: Industrial Designs (Amendment) Regulations 2012.
The Industrial...
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