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: 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...
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...
Luqman video in Malay
https://www.youtube.com/watch?v=Ikas6G8SZxk
Joyi video in Cantonese
https://www.youtube.com/watch?v=vuS5Q9vLCVo
Luqman Video in English
https://www.youtube.com/watch?v=5QMjnTPImRw
Joyi video in Mandarin
https://www.youtube.com/watch?v=BDgnT2UajPI
Joyi video in English
https://www.youtube.com/watch?v=Wk9Pif4fG4c
SST ANNOUNCEMENTS
Dear Colleagues,
In accordance with the announcement made by the Malaysian Government concerning Sales and Services Tax (SST), effective 1 September 2018, SST will be applicable to all taxable services rendered from 1 September 2018.
We hope the above is self-explanatory. If you have any further enquiries, please do not hesitate to contact us at info@adipven.com.
Thank you very much for your...