MALAYSIA – THE PYRO TRADE MARK CASE
In the case of Doretti Resources Sdn Bhd v Fitters Marketing Sdn Bhd & Ors, it was concerning a trade mark dispute.
The issue was whether the 3rd Defendant has supplied goods which infringed the Plaintiff’s registered trade mark.
The Plaintiff was granted an Anton Piller Order against the 3rd Defendant. The Order was authorised for the 3rd Defendant’s office to be raided and investigated....
MALAYSIA: MALAYSIAN COMPANY TOOK ON US COMPANY
In the case of Huan Schen Sdn. Bhd vs SRAM, LLC, Huan Schen Sdn. Bhd,., the Plaintiff – a Malaysian company that sells bicycles, bicycle spare parts and accessories had filed an originating summons (OS) against SRAM, LLC – a US-based company.
Plaintiff’s trade mark contains the word “SRAM” which is the Defendant’s company’s name who happens to be in the same industry. An opposition was...
MALAYSIA: REGISTRAR CANNOT APPLY TO SET ASIDE SUBPOENAS
In the case of World Grand Dynamic Marketing Sdn Bhd v Fjvaa Spa Sdn Bhd & Ors, the High Court of Malaya in Kuala Lumpur has decided that the Registrar of Trade Marks (Registrar) cannot apply to Court to set aside subpoenas which have been issued to the Registrar.
In this case, the facts of the case showed that the Plaintiff applied to the Court to issue subpoenas to two Officers of...
MALAYSIA – BAIK TRADE MARK
In the case of Al Baik Fast Food Distribution Co SAE v El Baik Food Systems Co S A, and Another Appeal, the dispute in issue was over the similar trade mark “Baik”. In the 76 pages of the judgment delivered by Hamid Sultan Bin Abu Backer JCA, there were many issues that were discussed and these issues are seen to provide a new perspective on how trade marks will be effective on consumers and...
MALAYSIA: A KRAFTY MATTER, A CONTINUATION
Previously, the Intellectual Property Corporation of Malaysia (MyIPO) has rejected a trade mark application by Kraft Foods Shweiz Holding GmbH. The trade mark is:
The decision was based on the reasons that the trade mark did not fulfil the requirements of Section 10(1)(d) and (e) of the Trade Mark Act 1976 and that the trade mark did not fall within the definition of Section 3(1) of the Act....
MALAYSIA – A CAT FIGHT
This is a case concerning the use of the mark “FUSSIE CAT” and the law of passing off as decided by a High Court of Malaya at Kuala Lumpur.
The First Plaintiff is a company incorporated in Singapore and is in the business of manufacturing and distributing products relating to pets/animals, which includes animal food, litter, accessories, hygiene products etc. The Second Plaintiff is a company...
MALAYSIA: THE FIGHT OVER “OVERSEAS”
In the case of Restoran Oversea Holdings Sdn Bhd v Overseas Seafood Restaurant Sdn Bhd, Restoran Oversea Holdings Sdn Bhd (hereafter referred to as “the Plaintiff”) had filed for a legal action to claim damages and to injunct Overseas Seafood Restaurant Sdn Bhd (hereinafter referred to as “the Defendant”) from continuing with the passing off of the Plaintiff’s two trade marks.
The first trade...
MALAYSIA: OISHI V OISHI, THE BATTLE CONTINUES
In the case of Liwayway Marketing Corporation v Oishi Group Public Company Limited, Liwayway Marketing Corporation, appealed against the High Court’s decision to expunge their trade mark “Oishi”.
Readers of our newsletters will surely recall that we have previously reported that in the High Court, Oishi Group Public Company Limited had succeeded in their application to expunge the Oishi trade...
MALAYSIA: A “SWISS” STORY INDEED
In Maestro Swiss Chocolate Sdn. Bhd. v Chocosuisse Union Des Fabricants Suisses De Chocolat, Kraft Food Schweiz AG and Nestle Suisse S.A., the Federal Court of Malaysia dismissed the appeal filed by the Appellant and allowed the appeal filed by the Respondents.
Maestro Swiss (hereinafter be referred to as “ the Appellant”) manufactures and sells various types of chocolates under the brand...
MALAYSIA: SUPPLY AND SALE OF INFRINGED PRODUCTS ARE NOT TRADE MARK INFRINGEMENT ACTIONS
In Doretti Resources Sdn. Bhd. v Fitters Marketing Sdn. Bhd., ‘PYRO’-Tech Systems Sdn. Bhd., Teamware Sdn. Bhd., Muetech Sdn. Bhd. and Foo Swee Koon, the High Court of Malaya in Kuala Lumpur allowed striking out the Plaintiff’s claim against the last two Defendants.
Doretti Resources Sdn. Bhd. (hereinafter be referred as “the Plaintiff”) is a registered owner of the trademark ‘PYRO’ associated...