MALAYSIA: PERMANENT INJUNCTION ISSUED AGAINST INFRINGER
In a recent High Court ruling, HEINEKEN ASIA PACIFIC PTE LTD (hereinafter referred to as “the Plaintiff”), a registered proprietor in Malaysia of “BINTANG” mark, which produce, manufacture, package, distribute, market and sell beer, non-alcoholic beer and a range of other beverages had filed a summary judgement application (“Application”) for certain injunctive orders against SUPER LA VIA SDN...
MALAYSIA: THE TORT OF PASSING OFF DEFINED
This case was in relation to the tort of passing off whereby both the Plaintiff and Defendant are accountable for the tort of passing off that was originally registered by the Plaintiff upon setting up a partnership business in Malaysia for real estate services. On the other hand, the Defendant is claiming that the Plaintiff has committed the act of passing off as the registered mark was...
SINGAPORE: WOULD A FREIGHT FORWARDER BE LIABLE FOR TRADEMARK INFRINGEMENT FOR TRANSSHIPPING COUNTERFEIT GOODS?
This case is in relation to whether a freight forwarder would be liable in the event if they import or export either by way of transshipment without having the knowledge that the package may contain counterfeit goods.
A trade mark infringement action was taken against a Singapore freight forwarder Megastar Shipping Pte. Ltd. at the Singapore High Court by Burberry Limited and Louis Vuitton...
MALAYSIA: JAPANESE COMPANY DEFEATS MALAYSIAN COMPANY IN A TRADE MARK AND COPYRIGHT CASE
In a High Court ruling, Hakubaku Co. Ltd. (hereinafter referred to as “the Plaintiff”), a Japanese company which manufactures, among others, noodles is allowed to file a trade mark expungement application under Section 45(1)(a) of the Trade Marks Act 1976 (hereinafter referred to as “the TMA”) to expunge a registered trade mark registered by a Malaysian company Asiamega Food Manufacturers Sdn....
MALAYSIA: IS IT RIGHT FOR COURTS TO ALLOW COSTS ORDERS TO STATE OR STATE AUTHORITIES?
This is a unique appeal case between the Malaysian Registrar of Trade Mark (hereinafter referred to as “the Appellant”) and two Malaysian companies, Adabi Consumer Industries Sdn. Bhd. and Sri Nona Industries Sdn. Bhd. which was previously known as Syarikat Taili Enterprise Sdn. Bhd. (hereinafter referred as “the 1st Respondent” and “the 2nd Respondent” respectively or 1st and 2nd Respondent,...
MALAYSIA: PORTCULLIS MALAYSIA ALLOWED TO CONTINUE USING NAME AND LOGO
A longstanding dispute between Portcullis (Singapore) Pte Ltd (hereinafter referred to as “the Plaintiffs”), companies bearing the Portcullis name in Malaysia and their main shareholder George Pathmanathan Michael anor (hereinafter referred to as “the Defendants”) was resolved when the Defendants were allowed to keep the name and logos of Portcullis in Malaysia ruled the Court of Appeals.
This...
MALAYSIA: ST JOHN AMBULANS AWARDED DAMAGES IN HIGH COURT RULING
A High Court ruling found that St. John Ambulans Malaysia (hereinafter referred to as “the Plaintiff”) is to be awarded MYR231,798.00 (app. USD58,000.00) for damages caused by PJ Uniform Sdn. Bhd. (hereinafter referred to as the Defendant) in its use and passing off of Plaintiff’s trademarks to sell clothing on 29 August 2018.
The Plaintiff claimed that Defendant was selling...
MALAYSIA: A (REYNOX) FAMILY FEUD
In case of Low Chi Yong (Reynox Fetichem Industries) (hereinafter referred to as the “Appellant”) filed a suit against Low Chi Hong and Reynox Sdn. Bhd., (hereinafter referred to as the “Respondents”) at the High Court of in Alor Setar for the infringement and passing off of his registered trade mark “Reynox” claiming liquid fertilizers.
There are several essential points to be noted in this...
MALAYSIA: TRADE DESCRIPTION ORDER (TDO) DEFINED BY FEDERAL COURT
The Federal Court of Malaysia recently had the opportunity to clarify two questions of law regarding Trade Description Order.
What is a Trade Description Order (TDO)?A registered owner of a trade mark may apply for a TDO pursuant to the Trade Descriptions Act 2011 (the Act) to declare that another mark or get-up is being used by someone else in the course of trade to infringe his statutory...
VIETNAM: NOIP TO ADOPT 11th EDITION OF THE NICE CLASSIFICATION
In the most recent news as announced by the National Office of Intellectual Property in Vietnam, (NOIP), effective this 1 October 2017, all goods and/or services for trade mark applications filed in Vietnam will be classified in accordance to the 11th Edition of the International Classification of Goods and Services for the purposes of the Registration of Marks in Vietnam. This is in line with...