IMPLICATIONS OF INDUSTRIAL DESIGN REGARDING COPYRIGHT INFRINGEMENT: A MALAYSIAN AND AUSTRALIAN PERSPECTIVE
The Malaysian case of Alustil Sdn Bhd v Vitally Sdn Bhd 2 CLJ 257 discusses the implications of industrial design regarding copyright infringement. The case talks about discussing and arguing a case of copyright infringement when the subject matter is a registered industrial design. Section 7(5) of the Copyright Act 1987 is applied here, where it is brought that an action based on an...
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: NOT USING A TRADEMARK? YOU SNOOZE, YOU LOSE!
MALAYSIA: Not using a trademark? You snooze, you lose!
Just registered a trademark? Congratulations!
However, don’t get complacent. The life span of a trademark is not finite, especially if you don’t actively use it. Just remember, an applicant can bring an application under Section 46(1) of the Trademarks Act 2019 (hereinafter referred to as “the Act”) to revoke the registration of a...
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 – PROVING THE FIRST USER AND COMMON LAW PROPRIETOR
In the battle at the Court of Appeal between SRAM, LLC (hereinafter referred as “Appellant”) and Huan Schen Sdn Bhd (hereinafter referred as “Respondent”), the Appellant had filed an appeal to rebut the decision of the learned Judicial Commissioner (JC) dated 4 May 2016, to expunge the Appellant’s marks under Registration Numbers: 05016151, 07017014, 09012790 and 09003528 in class 12 from the...
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...
MALAYSIA: MUST A TRADEMARK BE USED DOMESTICLY OR INTERNATIONALLY TO BE VALID?
SRAM, LLC v Huan Schen Sdn. Bhd. is a case which deals with expungement of trademark in which the Court of Appeal (hereinafter referred to as “the COA”) inter alia revisited the concept “use” of trademark, validity of a registered trademark and effect of cessation of the use of a trademark.
The Appellant is a US based company which manufactures bicycles, bicycles parts and accessories under...
MALAYSIA: COURT REFUSED CASE TRANSFER
Hassan Bin Zulkifli (hereinafter referred as the “Defendant”) had applied for pursuant to Order 57 Rule 1 (4)(a) of the Rules of Court 2012 (“ROC”) for the current suit filed by Muhammad Hafidz Bin Mohd Dusuki (hereinafter referred as the “Plaintiff”) against him to be transferred to the Kota Bharu High Court. However, this application was dismissed by the Court.
Order 57 r.1 of ROC – Transfer...
MALAYSIA: TRADE MARKS INVOLVING CHINESE PRAYER PAPERS AND BOXES WERE EXPUNGED
Three appellants namely Ooi Siew Bee, BM Eng Leong Sdn. Bhd and Tan Choo Hin (hereinafter referred as “the original Plaintiffs”) had made an appeal in the Court of Appeal (COA) against the dismissal of their application to expunge the respondent’s, Zhu Ge Kong Ming Sdn. Bhd. (hereinafter referred as “the original Defendant”) trade marks by the High Court of Malaya.
In the past, the original...