MALAYSIA: SIKA GROUP TAKES ON NIPPON PAINT
MALAYSIA: SIKA GROUP TAKES ON NIPPON PAINT
In 2023, a trademark and copyright dispute has ensued between three subsidiaries of the SIKA AG and Nippon Paint (Malaysia) Sdn. Bhd.
In a preliminary issue, the High Court held that only one of the subsidiaries, Sika AG (hereinafter referred to as “the Plaintiff”) had the requisite locus standi as the registered proprietor of the trademark to bring a...
MALAYSIA: FACEMASK BRANDS, FACING OFF!
MALAYSIA: Facemask Brands, Facing Off!
When news about COVID-19 hit, we all rushed to the shelves to buy rapid antigen tests and facemasks. A company that established itself in the facemask business was Maystar Beauty Sdn. Bhd. (hereinafter referred to as “the Plaintiff”) has registered its trademark NEUTROVIS in Classes 3, 5 and 10 (hereinafter referred as “the Plaintiff’s Mark”).
In 2023,...
MALAYSIA: THINKING ABOUT USING SOMEONE’S IP? THINK AGAIN!
MALAYSIA: Thinking about using someone’s IP? Think again!
Copying and pasting in this technological age is as easy as pie. A few clicks of a button and boom…. someone else’s pictures, logo and videos are “yours”… Well not really. Exercise caution when copying and pasting. Using third party trademarks and copyrighted materials without consent of the owners can lead to expensive legal...
MALAYSIA: CAN A DISTRIBUTOR REGISTER A TRADEMARK UNDER THEIR NAME FOR GOODS BEARING THE TRADEMARK WHICH THEY DISTRIBUTE?
MALAYSIA: CAN A DISTRIBUTOR REGISTER A TRADEMARK UNDER THEIR NAME FOR GOODS BEARING THE TRADEMARK WHICH THEY DISTRIBUTE?
INTRODUCTION
You have finally received your Certificate of Registration (hereinafter referred to as “CoR”) for a trademark, phew! But wait, does this mean your rights to use your trademark exclusively and prevent the use of your trademark by others absolute and...
MALAYSIA: OWNERSHIP, INFRINGEMENT, TORT OF PASSING OFF AND COMMON LAW
TAN KIMHOCK TONG SENG FOOD INDUSTRY SDN BHD v TAN KIM HOCK PRODUCT CENTRE SDN BHD and SIAH SIU ENG is a Malaysian case of trademark infringement and passing-off as tried and decided in the Court of Appeal.
TAN KIMHOCK TONG SENG FOOD INDUSTRY SDN BHD (hereinafter referred to as the Respondent) is a private limited company incorporated in Malaysia which was established by its founder Mr. Tan Kim...
MALAYSIA: INFRINGEMENT THROUGH UNAUTHORIZED PARALLEL IMPORTION
The High Court of Malaya had approved a trade description order filed by Pt. Garuda Food Putri Jaya TBK (hereinafter referred as “Applicant”) under the Trade Descriptions Act 2011 as there is a trade mark infringement occurred for the genuine products that were brought in through an unauthorized parallel importation. It was found that the registered trade mark proprietor has legal rights to...
MALAYSIA: TRADEMARK INFRINGEMENT AND TORT OF PASSING OFF CLARIFIED
Ortus Expert White Sdn Bhd v Nor Yanni bt Adom & Anor is a case which re-examined the principles which deal with trademark infringement and tort of passing off.
The Plaintiff is a distributing company for “Royal Expert” beauty products (hereinafter referred to as “the Plaintiff’s product”) and the owner of the “Royal Expert White” trademark (hereinafter referred to as “the Plaintiff’s...