Malaysia: Exporter Does Not Infringe A Locally Registered Trade Mark
In the case of Finder Industries (M) Sdn. Bhd. V M B Products (M) Sdn. Bhd., the High Court of Malaya at Melaka, Malaysia dismissed the Plaintiff’s claims for infringement and passing off.
Finder Industries (M) Sdn Bhd (hereinafter referred to as “the Plaintiff”) is a company incorporated in Malaysia and is a registered proprietor of the trade mark “O’Lagenda” claiming coffee, tea and cocoa in...
Malaysia: Court of Appeal Found Magic Boo Innocent
In the case of Magic Boo Beauty Sdn Bhd v Koh Chui Ngoh T/A Perniagaan Lily, the Malaysian Court of Appeal overturned the High Court’s decision and declared Magic Boo Beauty Sdn Bhd free from the alleged claim of passing off.
Koh Chui Ngoh T/A Perniagaan Lily (hereinafter referred to as ‘the Respondent’) claimed to have imported into Malaysia and sold in the Malaysian market goods with the...
Singapore: Court of Appeal Reverses High Court’s Decision
Recipients of our e-newsletters will surely recall that we had reported in May 2012 that the Singapore High Court held that Hai Tong Co (Pte) Ltd had failed to discharge its burden of proving that there was damage or a likelihood of damage to its goodwill and therefore dismissed the passing off claim by Hai Tong Co (Pte) Ltd.
Hai Tong Co (Pte) Ltd had since filed an appeal at the Singapore...
Malaysia: What’s In A Name? Everything!
In the case of Tai Foong Lam v Hamdi Abdullah & 3 Ors, the Malaysian Court of Appeal overturned the High Court’s decision of allowing Hamdi Abdullah and others to continue using the name of their dissolved partnership firm and allowed Tai Foong Lam’s appeal without costs.
Tai Foong Lam (hereinafter referred to as “the Appellant”) and Hamdi Abdullah and Vincent Chan Siew Onn (hereinafter...
Malaysia: Trinity v Trinity
In the case of Trinity Group Sdn Bhd v Trinity Corporation Berhad, the High Court in Malaysia adjudged Trinity Corporation Berhad to have committed the tort of passing off and allowed the claims made by Trinity Group Sdn Bhd with costs.
Trinity Group Sdn Bhd (hereinafter referred to as ‘the Plaintiff’) is a private limited company incorporated in 2004 and involved in the business of project...
Singapore: Court of Appeal reversed High Court’s decision
Our clients and associates will surely recall our article which was published on 28 June 2012 wherein we have reported that the Singapore High Court dismissed Singapore Professional Golfers’ Association’s action for passing off against Chen Eng Waye and others with costs as Singapore Professional Golfers’ Association could not prove the existence of “classical trinity”, namely...
Malaysia: It’s A SWISS success
In the case of Chocosuisse Union Des Fabricants Suisses De Chocolat & Ors v. Maestro Swiss Chocolate Sdn Bhd & Ors, the Court of Appeal reversed the High Court’s decision of dismissing Chocosuisse Union Des Fabricants Suisses De Chocolat & Ors claim against Maestro Swiss Chocolate Sdn Bhd & Ors for the tort of extended passing off and their claim under the Geographical...
Malaysia: It’s tough to SOCIALize
In the case of Tan Mei Li & Ors v Golden Regal Restaurant Sdn. Bhd., the High Court of Malaya at Kuala Lumpur adjudged Golden Regal Restaurant Sdn. Bhd. to have committed the tort of passing-off their business as that of Tan Mei Li & Ors.
Tan Mei Li & Ors (hereinafter referred to as ‘the Plaintiffs’) are the proprietors of restaurants and manage and operate the business of...
Singapore: Coffee Anyone?
In the case of Sarika Connoisseur Cafe Pte. Ltd. v Ferrero SpA, the Singapore Court of Appeal upheld the Singapore High Court’s decision and adjudged Sarika Connoisseur Cafe Pte. Ltd. to have infringed the Ferrero SpA’s trademark and committed the tort of passing off.
Sarika Connoisseur Cafe Pte. Ltd. (hereinafter referred to as ‘the Appellant’) is a company incorporated in Singapore which...
Malaysia: A Pet Story
In the case of Network Pet Product (M) Sdn. Bhd. v Royal Canin SAS and Anor, the High Court of Malaya at Kuala Lumpur dismissed Network Pet Product’s appeal claiming injunction against Royal Canin SAS.
Network Pet Product (M) Sdn. Bhd. (hereinafter referred to as ‘the Plaintiff’) is a company incorporated in Malaysia carrying on the business of trading and manufacturing of pet products. Royal...