Malaysia: For interim relief, serious question and the balance of convenience must be proved
In the case of Ken Holdings Berhad & Ors v Sriseltra Sdn. Bhd, the Malaysian High Court in Kuala Lumpur allowed the Plaintiffs’ application of interlocutory injunction to restrain the Defendant from committing the act of passing-off and dismissed with cost the Defendant’s claim of restraining the Plaintiffs to seek verification as to the truthfulness of affidavits submitted by the...
LotteNidoo and Nido: A Case of David vs Goliath
In the case of Hiu Kuan Hoe v Societe Des Produits Nestle S.A., the Malaysia Court of Appeal held that the High Court Judge was clearly wrong in upholding the decision of the Registrar in refusing to register Hiu Kuan Hoe’s trade mark on basis of misapplication of the facts.
Hiu Kuan Hoe (hereinafter referred to as “the Appellant”) had applied to the Registrar of...
Malaysia: “Onus Of Proof For Good Faith Is On The Defendant”
In the case of DJ Auto Components Manufacturing Sdn. Bhd. v FBK Systems Sdn. Bhd., the Malaysian High Court at Kuala Lumpur held that FBK Systems Sdn. Bhd. has failed to discharge the onus of proof that it has used the mark in good faith and allowed DJ Auto Components Manufacturing Sdn. Bhd.’s application for a Trade Description Order.
DJ Auto Components Manufacturing Sdn. Bhd....
EVEN DOCUMENTS IN ARCHIEVE CAN ALSO CAUSE TRADE MARK CONFUSION AMONGST CONSUMERS
In the case of Jacmoli Designs & Jewellers Sdn. Bhd. vs. YTL Corporation Berhad, the Malaysian High Court in Kuala Lumpur upheld a trademark infringement claim over archived jewelry items on a community website. The Court in Kuala Lumpur held that even documents that have been achieved but still accessible to the public can create confusion amongst the consumers and therefore, held that...