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: 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: 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...