MALAYSIA: FOR THE LOVE OF RICE
On 27 March 2019, the Court of Appeal delivered a judgment in a case of Syarikat Faiza Sdn. Bhd & Faiza Bawumi Binti Sayed Ahmad (hereinafter referred to as “1st Plaintiff” and “2nd Plaintiff”, respectively) v Faiz Rice Sdn. Bhd & Fikri bin Abu Bakar (hereinafter referred to as “1st Defendant” and “2nd Defendant”, respectively), in which the dispute relates to the trademarks and...
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...
MALAYSIA: JAPANESE COMPANY DEFEATS MALAYSIAN COMPANY IN A TRADE MARK AND COPYRIGHT CASE
In a High Court ruling, Hakubaku Co. Ltd. (hereinafter referred to as “the Plaintiff”), a Japanese company which manufactures, among others, noodles is allowed to file a trade mark expungement application under Section 45(1)(a) of the Trade Marks Act 1976 (hereinafter referred to as “the TMA”) to expunge a registered trade mark registered by a Malaysian company Asiamega Food Manufacturers Sdn....
MALAYSIA: IS IT RIGHT FOR COURTS TO ALLOW COSTS ORDERS TO STATE OR STATE AUTHORITIES?
This is a unique appeal case between the Malaysian Registrar of Trade Mark (hereinafter referred to as “the Appellant”) and two Malaysian companies, Adabi Consumer Industries Sdn. Bhd. and Sri Nona Industries Sdn. Bhd. which was previously known as Syarikat Taili Enterprise Sdn. Bhd. (hereinafter referred as “the 1st Respondent” and “the 2nd Respondent” respectively or 1st and 2nd Respondent,...
MALAYSIA: PORTCULLIS MALAYSIA ALLOWED TO CONTINUE USING NAME AND LOGO
A longstanding dispute between Portcullis (Singapore) Pte Ltd (hereinafter referred to as “the Plaintiffs”), companies bearing the Portcullis name in Malaysia and their main shareholder George Pathmanathan Michael anor (hereinafter referred to as “the Defendants”) was resolved when the Defendants were allowed to keep the name and logos of Portcullis in Malaysia ruled the Court of Appeals.
This...
MALAYSIA: ST JOHN AMBULANS AWARDED DAMAGES IN HIGH COURT RULING
A High Court ruling found that St. John Ambulans Malaysia (hereinafter referred to as “the Plaintiff”) is to be awarded MYR231,798.00 (app. USD58,000.00) for damages caused by PJ Uniform Sdn. Bhd. (hereinafter referred to as the Defendant) in its use and passing off of Plaintiff’s trademarks to sell clothing on 29 August 2018.
The Plaintiff claimed that Defendant was selling...
Suhaimi bin Arifin v Azneeta bt Yazib
Malaysia: Damages granted for loss of exclusivity of use and loss of goodwill of trade mark
In a recent decision, Suhaimi Bin Arifin (trading as SF Infinity Resources,-hereinafter knows as the Plaintiff) vs Azineeta Binti Yazib (trading as DQistee Health & Beauty-hereinafter knows as the Defendant), the High Court of Kelantan had upheld the Deputy Registrar’s decision in granting damages...