MALAYSIA: HIGH COURT HELD THAT THE REGISTRAR HAS POWERS TO INVESTIGATE FRAUD INVOLVING REGISTRATION OF TRADE MARKS
In this case, we discuss about a case in which the High Court heard a judicial review application as to whether the Registrar of Trade Marks has all the powers to investigate or take action in respect of complaints in relation to fraud involving registration of trade marks.
The Applicant, Adabi Consumer Industries Sdn Bhd is the registered owner of the trade mark no. 85/02021 in Class 30 and...
MALAYSIA: MERCK LOST ITS APPEAL AT FEDERAL COURT
Recently, the Federal Court of Malaysia in the case of MERCK KGaA vs Leno Marketing Sdn Bhd has clarified an important question of law relating to the Trade Marks Act 1976 (TMA).
The Appellant in this case, MERCK KGaA, is a pharmaceutical company based in Germany has registered the trade marks “BION” and “BION 3” in Classes 5, 29 and 30 in Malaysia. The Appellant opposed to the acceptance of...
MALAYSIA: A (REYNOX) FAMILY FEUD
In case of Low Chi Yong (Reynox Fetichem Industries) (hereinafter referred to as the “Appellant”) filed a suit against Low Chi Hong and Reynox Sdn. Bhd., (hereinafter referred to as the “Respondents”) at the High Court of in Alor Setar for the infringement and passing off of his registered trade mark “Reynox” claiming liquid fertilizers.
There are several essential points to be noted in this...
MALAYSIA: TRADE DESCRIPTION ORDER (TDO) DEFINED BY FEDERAL COURT
The Federal Court of Malaysia recently had the opportunity to clarify two questions of law regarding Trade Description Order.
What is a Trade Description Order (TDO)?A registered owner of a trade mark may apply for a TDO pursuant to the Trade Descriptions Act 2011 (the Act) to declare that another mark or get-up is being used by someone else in the course of trade to infringe his statutory...
MALAYSIA: LONGCANE INDUSTRIES’ TRADE MARKS EXPUNGED
In the case of Lim Teck Lee (Malaysia) Sdn. Bhd. vs, Longcane Industries Sdn. Bhd., Lim Teck Lee (Malaysia) Sdn. Bhd. (hereinafter referred to as the “Plaintiff”) applied to expunge trade mark registration no. 06023307 in Class 21 and trade mark registration no. 09007210 in Class 09 bearing a distinctive yellow elephant mark in the name of Lonecane Industries Sdn. Bhd. (hereinafter referred to...
MALAYSIA: THE 2-IN-1 TRIAL
In the case of Doretti Resources Sdn Bhd v Fitters Marketing Sdn Bhd & Ors, the Plaintiff claimed that the Defendants had infringed the Plaintiff’s mark “PYRO” in their 1st suit and a counterclaim from the 1st suit was filed by “Fitters Marketing and Pyro-tech to remove the Plaintiff’s mark from the Register. The 3rd, 4th and 5th Defendants had requested the court to strike out the 1st...
MALAYSIA: ORIGINATING SUMMONS MUST BE SERVED ON FOREIGN ENTITIES PERSONALLY AND NOT ON THEIR MALAYSIAN AGENTS
In the case of Louis Vuitton Malletier vs Renown Incorporated, the Plaintiff is the manufacturer of high-end products in relation to various fashionable goods for the very well-known brand Louis Vuitton whereas the Defendant, Renown Incorporated is a Japanese company whose neither office nor business is located in Malaysia.
The Plaintiff had filed a suit in Malaysia to expunge the Defendant’s...
MALAYSIA: “GS” v “GiSi” – BATTLE OF BATTERY GIANTS
In the case of GS Yuasa Corporation v GBI Marketing Malaysia Sdn Bhd, GS Yuasa Corporation (hereinafter referred to as the “the Plaintiff”) applied to expunge the trade mark, “GISI Premium High Power” for goods in Class 09 in the name of GBI Marketing Malaysia Sdn Bhd (hereinafter referred to as the “the Defendant”) from the Register of Trade Marks.
In the High Court, the Plaintiff applied...
MALAYSIA: DISPUTE BETWEEN OIL AND INK
In X1R Global Holding Sdn Bhd and X1R Global Sdn Bhd v Y-TEQ Auto Parts (M) Sdn Bhd, the High Court of Malaya in Kuala Lumpur allowed the Plaintiffs’ claims against Defendant.
X1R Global Holding Sdn Bhd (hereinafter be referred as “the 1st Plaintiff”) is the proprietor of trade mark, “X1R”, bearing the Malaysian Trade Mark Registration Number of 05002405 in class 4 whereas X1R Global Sdn Bhd...
MALAYSIA – THE VELLUX FIGHT
In the case of NCTech Int Bhd v NCV Technologies Sdn Bhd & Ors, the dispute in issue was over a trade mark infringement. The Plaintiff, NCTech Int Bhd, claimed that the Defendant, NCV Technologies Sdn Bhd and Other Parties, have infringed their trade mark “Vellux“ which they acquired through the law of passing off.
The trade mark “Vellux” and “NCCvellux” were registered under the Second...