MALAYSIA: HANSA PART v HANSA
In the case of Solid Corporation Sdn Bhd v Registrar of Trade Marks Malaysia & Yuen Sun Rubber Manufacturing Co. Sdn Bhd, the High Court of Kuala Lumpur held that Yuen Sun Rubber Manufacturing Co. Sdn Bhd’s trade mark is confusing or deception to the public under Section 14(1)(a) and 19(1) of the Trade Marks Act 1976.
Solid Corporation Sdn. Bhd. (hereinafter referred as “Plaintiff”)...
MALAYSIA: MONIER or LA MONIEER?
A recent dispute involving trade marks of “MONIER” and “LA MONIEER” sparked a myriad of issues including trade mark infringement, passing off and copyright infringement heard at the High Court of Kuala Lumpur.
Monier Malaysia Sdn. Bhd., Monier Sdn. Bhd. and Redland Engineering Limited (hereinafter referred to as the Plaintiffs) belong to Monier Group of Companies with Redland Engineering...
MALAYSIA: ST. JOHN’S TRADE MARK HELD TO BE INFRINGED
In the case of St. John Ambulans Malaysia v PJ Uniform Sdn. Bhd., the High Court of Malaya in Shah Alam, found that PJ Uniform Sdn. Bhd. had infringed the registered trade mark of St. John Ambulans Malaysia (the “SJAM” emblem).
St. John Ambulans Malaysia (hereinafter referred as the Plaintiff) is a statutorily incorporated body with charitable objects. The Plaintiff relied...
MALAYSIA: HI-M v MYHA 2010
In the case of Hamirudin Hashim v Khairul Annuar Mansor and Mohamad Arif Abdul Rashid, the High Court in Kuala Lumpur had dismissed Mr. Hamirudin Hashim’s claim of RM15000.00 due to failure to prove on balance of probabilities against Mr. Khairul Annuar Mansor and Mr. Mohamad Arif Abdul Rashid.
By way of background, Mr. Hamiruddin Hashim (hereinafter referred as Plaintiff) is the President of...
MALAYSIA: OPPOSITION AGAINST RATO TRADE MARK DISMISSED
In the case of MP Machinery (M) Sdn. Bhd. v Chongqing Rato Power Co. Ltd., the Intellectual Property Corporation of Malaysia (MyIPO) dismissed the opposition filed by Chongqing Rato Power Co. Ltd. even though Chongqing Rato Power Co. Ltd. has registered similar trade marks in other countries.
M P Machinery (M) Sdn. Bhd, (hereinafter referred as “the Applicant”) had applied to register a word...
MALAYSIA: TIGER ATTACKS
In the case of Mesuma Sports Sdn. Bhd. v Majlis Sukan Negara Malaysia, the Court of Appeals in Malaysia dismissed the appeal with cost due the facts that, among others, that the trade mark application filed by Mesuma Sports was made under bad faith and that Majlis Sukan Negara Malaysia had already registered a similar trade mark prior to the filing date of Mesuma Sports’ trade mark application...
MALAYSIA: BROTHERS FIGHT OVER TRADE MARK “BAN LEE SIANG”
In the case of Chua Cheng Kuat v Chua Cheng Ho, the High Court of Melaka, held that the Chua Cheng Kuat had failed to prove the claims made against Chua Cheng Ho.
Chua Cheng Kuat (hereinafter referred to as “the Plaintiff”) is the sole owner of a restaurant in the name of “Ban Lee Siang Restaurant” since 1997.
The Plaintiff’s brother, Chua Cheng Ho (hereinafter referred as “the Defendant”)...
MALAYSIA: TRADE MARK BATTLE BETWEEN MANUFACTURER AND DISTRIBUTOR
This is an interesting case about trade mark registration involving a manufacturer based in Germany and its’ distributor in Malaysia.
Wieland Electric GmbH (hereinafter referred to as “the Plaintiff”) filed an originating summons in the High Court of Malaya at Kuala Lumpur seeking several declaratory orders against the Industrial Automation (M) Sdn. Bhd., (hereinafter referred as “the 1st...
Malaysia: High Court Held Cargill Incorporated’s Trade Mark Registrable
In the case of Cargill Incorporated v Registrar of Trade Marks, the High Court of Malaya in Kuala Lumpur adjudged Cargill Incorporated’s trade mark to be registrable under Section 10(1) of the Trade Marks Act.
Cargill Incorporated (hereinafter referred to as “the Plaintiff”) applied to the Registrar of Trade Marks to register the trade mark “Poultry Focus” claiming non-medicated animal feeds...
Malaysia: A Tale of Coconut Water
In the case of WB Fresh Coconut Supplier Sdn Bhd v Gan Boon Wah & Anor, the High Court of Malaya at Johor Bahru adjudged Gan Boon Wah & Anor to have committed the tort of misrepresentation and subsequently granted interlocutory injunction as prayed by WB Fresh Coconut Supplier Sdn. Bhd.
WB Fresh Coconut Supplier Sdn. Bhd. (hereinafter referred to as “the Plaintiff”) is a private...