SINGAPORE: FOR A MARK REGISTERED IN BAD FAITH THE BURDEN OF PROOF LIES IN THE PARTY ASSERTING IT AND REQUIRES A HIGH STANDARD OF PROOF
In the case of P. T. Swakarya Indah Busana v Haniffa Pte Ltd and another, the Singapore High Court declared the applications filed by two parties to register 15 trade marks were invalid as they were in filed in bad faith.
P. T. Swakarya Indah Busana (hereinafter referred as “the Plaintiff”) is a corporation incorporated in the Republic of Indonesia manufacturing garments bearing the marks...
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...