MALAYSIA: COURT OF APPEAL AFFIRMED DEPUTY REGISTRAR ASSESSEMENT OF COSTS AND DAMAGES
This is an appeal filed by Eng Hin Aquatics Sdn. Bhd. (hereinafter referred as “the original Defendant”) at the Court of Appeal (COA) against the decision of the learned Deputy Registrar (hereinafter referred as “the DR”) who awarded compensatory damages to Pets Global Pte. Ltd. and AS Frost Sdn. Bhd. (hereinafter referred as “the original Plaintiffs”) pursuant to an assessment of damages...
MALAYSIA: IP COURT CLARIFIES WHEN ORDER FOR COST AGAINST PLAINTIFF CAN BE ISSUED
The power of a Court to order the Plaintiff to an action to provide security for cost was analysed in the case of Wei Her Pte Ltd v Ooi Teik Seng & Dry Cut Sdn. Bhd.
The Defendants in the present case applied to the IP Court for an order against the Plaintiff, which is a Singapore company, to provide security for costs until the final disposal of the suit. The Court allowed the application...
MALAYSIA: CAR MAKERS LOST IN THE FIRST ROUND OF COURT PROCEEDINGS
Perusahaan Otomobil Kedua Sdn. Bhd. and Perodua Sales Sdn. Bhd. (hereinafter referred as the “Plaintiffs”) in their suit alleged that Lee Lap Kee, sole proprietor carrying a business under the name “Eco Auto Supply” (hereinafter referred as the “Defendant”) had, without licence and authority of the Plaintiff, imported, manufactured, produced, reproduced, distributed, supplied, sold and/offered...
MALAYSIA: FAMOUS FILMMAKER & CO. CONTINUE THE FIGHT
This is a continuation of a copyright saga between Elias Idris (hereinafter referred to as the “Respondent”) and well-known local filmmaker Datuk Mohd. Yusof Md Aslam, along with his son Mohd Syamsul Md Yusof and a movie production company, Skop Productions Sdn. Bhd. (hereinafter referred to as the “Appellants”) in the Federal Court of Malaysia.
When the appeal at the Federal Court was...
MALAYSIA: HOW PATENT DAMAGES ARE ACCESSED BY COURT
In the case of Asia File Products Sdn Bhd (herein referred as “Plaintiff”) V Brilliant Achievement Sdn Bhd, Lion File Marketing Sdn and Kho Kok Seang (herein referred as “1st, 2nd and 3rd Defendant respectively”) at the Court of Appeal against the Senior Assistant Registrar’s (hereinafter referred to as “the SAR”) assessment of compensatory damages for patent infringement (hereinafter referred...
MALAYSIA: MARKETING GOODS VIA INSTAGRAM IS STILL A TRADE MARK INFRINGEMENT
On 1 March 2019, High Court of Malaya at Kuala Lumpur delivered a judgement to the matter of 30 Maple Sdn. Bhd. (hereinafter referred to as the “Plaintiff”) v Siti Safiyyah Binti Mohd Firdaus Chew, an individual (hereinafter referred to as the “Defendant”).
The Plaintiff is a private limited incorporated under the laws of Malaysia and is engaged in manufacturing, supplying, and promoting the...
MALAYSIA: FOREIGN ENTITY MUST PAY SECURITY COSTS IN ORDER TO INITIATE LITIGATION
This case was in relation to two foreign companies whereby Merck KGaA (hereinafter referred to as “the Plaintiff”) which is involved in the business of pharmaceutical, chemical and life sciences and Xtalic Corporation (hereinafter referred to as “the Defendant”) which is involved in the business relating to nanostructured materials with regards to a dispute about the security for costs...
MALAYSIA: PERMANENT INJUNCTION ISSUED AGAINST INFRINGER
In a recent High Court ruling, HEINEKEN ASIA PACIFIC PTE LTD (hereinafter referred to as “the Plaintiff”), a registered proprietor in Malaysia of “BINTANG” mark, which produce, manufacture, package, distribute, market and sell beer, non-alcoholic beer and a range of other beverages had filed a summary judgement application (“Application”) for certain injunctive orders against SUPER LA VIA SDN...
MALAYSIA: THE TORT OF PASSING OFF DEFINED
This case was in relation to the tort of passing off whereby both the Plaintiff and Defendant are accountable for the tort of passing off that was originally registered by the Plaintiff upon setting up a partnership business in Malaysia for real estate services. On the other hand, the Defendant is claiming that the Plaintiff has committed the act of passing off as the registered mark was...
SINGAPORE: WOULD A FREIGHT FORWARDER BE LIABLE FOR TRADEMARK INFRINGEMENT FOR TRANSSHIPPING COUNTERFEIT GOODS?
This case is in relation to whether a freight forwarder would be liable in the event if they import or export either by way of transshipment without having the knowledge that the package may contain counterfeit goods.
A trade mark infringement action was taken against a Singapore freight forwarder Megastar Shipping Pte. Ltd. at the Singapore High Court by Burberry Limited and Louis Vuitton...