MALAYSIA: TRADEMARK INFRINGEMENT AND TORT OF PASSING OFF CLARIFIED
Ortus Expert White Sdn Bhd v Nor Yanni bt Adom & Anor is a case which re-examined the principles which deal with trademark infringement and tort of passing off.
The Plaintiff is a distributing company for “Royal Expert” beauty products (hereinafter referred to as “the Plaintiff’s product”) and the owner of the “Royal Expert White” trademark (hereinafter referred to as “the Plaintiff’s...
MALAYSIA: MUST A TRADEMARK BE USED DOMESTICLY OR INTERNATIONALLY TO BE VALID?
SRAM, LLC v Huan Schen Sdn. Bhd. is a case which deals with expungement of trademark in which the Court of Appeal (hereinafter referred to as “the COA”) inter alia revisited the concept “use” of trademark, validity of a registered trademark and effect of cessation of the use of a trademark.
The Appellant is a US based company which manufactures bicycles, bicycles parts and accessories under...
MALAYSIA: COURT REFUSED CASE TRANSFER
Hassan Bin Zulkifli (hereinafter referred as the “Defendant”) had applied for pursuant to Order 57 Rule 1 (4)(a) of the Rules of Court 2012 (“ROC”) for the current suit filed by Muhammad Hafidz Bin Mohd Dusuki (hereinafter referred as the “Plaintiff”) against him to be transferred to the Kota Bharu High Court. However, this application was dismissed by the Court.
Order 57 r.1 of ROC – Transfer...
MALAYSIA: TRADE MARKS INVOLVING CHINESE PRAYER PAPERS AND BOXES WERE EXPUNGED
Three appellants namely Ooi Siew Bee, BM Eng Leong Sdn. Bhd and Tan Choo Hin (hereinafter referred as “the original Plaintiffs”) had made an appeal in the Court of Appeal (COA) against the dismissal of their application to expunge the respondent’s, Zhu Ge Kong Ming Sdn. Bhd. (hereinafter referred as “the original Defendant”) trade marks by the High Court of Malaya.
In the past, the original...
MALAYSIA: COURT OF APPEAL AFFIRMED DEPUTY REGISTRAR ASSESSEMENT OF COSTS AND DAMAGES
This is an appeal filed by Eng Hin Aquatics Sdn. Bhd. (hereinafter referred as “the original Defendant”) at the Court of Appeal (COA) against the decision of the learned Deputy Registrar (hereinafter referred as “the DR”) who awarded compensatory damages to Pets Global Pte. Ltd. and AS Frost Sdn. Bhd. (hereinafter referred as “the original Plaintiffs”) pursuant to an assessment of damages...
MALAYSIA: IP COURT CLARIFIES WHEN ORDER FOR COST AGAINST PLAINTIFF CAN BE ISSUED
The power of a Court to order the Plaintiff to an action to provide security for cost was analysed in the case of Wei Her Pte Ltd v Ooi Teik Seng & Dry Cut Sdn. Bhd.
The Defendants in the present case applied to the IP Court for an order against the Plaintiff, which is a Singapore company, to provide security for costs until the final disposal of the suit. The Court allowed the application...
MALAYSIA: CAR MAKERS LOST IN THE FIRST ROUND OF COURT PROCEEDINGS
Perusahaan Otomobil Kedua Sdn. Bhd. and Perodua Sales Sdn. Bhd. (hereinafter referred as the “Plaintiffs”) in their suit alleged that Lee Lap Kee, sole proprietor carrying a business under the name “Eco Auto Supply” (hereinafter referred as the “Defendant”) had, without licence and authority of the Plaintiff, imported, manufactured, produced, reproduced, distributed, supplied, sold and/offered...
MALAYSIA: FAMOUS FILMMAKER & CO. CONTINUE THE FIGHT
This is a continuation of a copyright saga between Elias Idris (hereinafter referred to as the “Respondent”) and well-known local filmmaker Datuk Mohd. Yusof Md Aslam, along with his son Mohd Syamsul Md Yusof and a movie production company, Skop Productions Sdn. Bhd. (hereinafter referred to as the “Appellants”) in the Federal Court of Malaysia.
When the appeal at the Federal Court was...
MALAYSIA: COURT OF APPEAL HELD SKYWORLD MARK IS WELL-KNOWN
Skyworld Development Sdn Bhd & Anor v Skyworld Holdings Sdn Bhd & Ors, is a case which involves trademark infringement, passing off and unlawful interference with trade.
The Plaintiffs are affiliated private limited companies involved in the business of real estate and property development and they are the registered owners of the mark “SkyWorld” in Malaysia since 2014.
The Defendants...
MALAYSIA: A DECISION ON RELEVANCE AND CAUSE OF ACTION RELATING TO PROPERTY MANAGERS
Appraisal Property Management Sdn Bhd (hereinafter referred to as “APM”), JLL Property Services (Malaysia) Sdn Bhd (hereinafter referred to as “JLLP”) and Jones Lang Wootton Ltd (hereinafter referred to as “JLWL”), (hereinafter collectively referred to as “the Appellants”) V Singham Sulaiman Sdn Bhd (hereinafter referred to as “the Respondent”), is an appeal concerning two consolidated suits...