MALAYSIA: ST. JOHN’S TRADE MARK HELD TO BE INFRINGED
In the case of St. John Ambulans Malaysia v PJ Uniform Sdn. Bhd., the High Court of Malaya in Shah Alam, found that PJ Uniform Sdn. Bhd. had infringed the registered trade mark of St. John Ambulans Malaysia (the “SJAM” emblem).
St. John Ambulans Malaysia (hereinafter referred as the Plaintiff) is a statutorily incorporated body with charitable objects. The Plaintiff relied...
MALAYSIA: HI-M v MYHA 2010
In the case of Hamirudin Hashim v Khairul Annuar Mansor and Mohamad Arif Abdul Rashid, the High Court in Kuala Lumpur had dismissed Mr. Hamirudin Hashim’s claim of RM15000.00 due to failure to prove on balance of probabilities against Mr. Khairul Annuar Mansor and Mr. Mohamad Arif Abdul Rashid.
By way of background, Mr. Hamiruddin Hashim (hereinafter referred as Plaintiff) is the President of...
SINGAPORE: TRADE MARK INFRINGEMENT OF KIT KAT
This is an article about an interesting case of Societe Des Produits Nestlé SA and another v Petra Foods Ltd and another.
Societe Des Produits Nestlé SA (hereinafter referred as “the 1st Plaintiff”) is a public company incorporated in Switzerland and Nestle Singapore (Pte) Ltd (hereinafter referred as “the 2nd Plaintiff”) is a company incorporated in Singapore. Both the 1st and 2nd Plaintiffs...
SINGAPORE: INVALIDATION PROCEEDINGS AGAINST TRADE MARKS
In the case of Guy Neale and others v Nine Squares Pty Ltd, the Court of Appeals in Singapore held that Singapore marks were merely held on an express trust by Nine Squares.
By way of background, Mr. Neale and others including Aki, Kadek, WH Trading and WH Investments (hereinafter referred as “the Appellants”) ran a famous restaurant in tourist island of Bali, Indonesia. The Appellants were...
MALAYSIA: OPPOSITION AGAINST RATO TRADE MARK DISMISSED
In the case of MP Machinery (M) Sdn. Bhd. v Chongqing Rato Power Co. Ltd., the Intellectual Property Corporation of Malaysia (MyIPO) dismissed the opposition filed by Chongqing Rato Power Co. Ltd. even though Chongqing Rato Power Co. Ltd. has registered similar trade marks in other countries.
M P Machinery (M) Sdn. Bhd, (hereinafter referred as “the Applicant”) had applied to register a word...
SINGAPORE: FOX V FOX
In opposition proceedings involving Singapore-based Fox Street Wear Pte Ltd and United States-based Fox Racing, Inc, the Intellectual Property Office of Singapore (IPOS) has refused registration of Singapore Trade Mark Application No. T05/03947C in Class 18 filed by Fox Street Wear Pte Ltd.
Fox Street Wear Pte Ltd (“herein referred as the Applicant”) filed Trade Mark Application No....
SINGAPORE: THAT IS ONE ANGRY BIRD
A recent case decided by Intellectual Property of Singapore (IPOS) in relation to dispute concerning a registered trade mark application filed by Kimanis Food Industries Sdn. Bhd. and opposition by Rovio Entertainment.
Kimanis Food Industries Sdn. Bhd. (hereinafter referred to as “the Applicant”) applied to register a trade mark
MALAYSIA: TIGER ATTACKS
In the case of Mesuma Sports Sdn. Bhd. v Majlis Sukan Negara Malaysia, the Court of Appeals in Malaysia dismissed the appeal with cost due the facts that, among others, that the trade mark application filed by Mesuma Sports was made under bad faith and that Majlis Sukan Negara Malaysia had already registered a similar trade mark prior to the filing date of Mesuma Sports’ trade mark application...
MALAYSIA: BROTHERS FIGHT OVER TRADE MARK “BAN LEE SIANG”
In the case of Chua Cheng Kuat v Chua Cheng Ho, the High Court of Melaka, held that the Chua Cheng Kuat had failed to prove the claims made against Chua Cheng Ho.
Chua Cheng Kuat (hereinafter referred to as “the Plaintiff”) is the sole owner of a restaurant in the name of “Ban Lee Siang Restaurant” since 1997.
The Plaintiff’s brother, Chua Cheng Ho (hereinafter referred as “the Defendant”)...
SINGAPORE: THE ELONGATED “P” MEETS ITS TWIN
A recent case of Tao, Hsiu-Chih v Pirelli & C. S.P.A, involved a dispute between two parties whereby Tao, Hsiu-Chih filed an application for trade mark registration and opposition thereto by Pirelli & C. S.P.A.
Tao, Hsiu-Chih (hereinafter referred to as ‘‘the Applicant’’) applied to register a trade mark device ‘‘Ts.Project’’ in Classes 20 and 24 in Singapore on 25 November 2010...