MALAYSIA: A KRAFTY MATTER, A CONTINUATION
Previously, the Intellectual Property Corporation of Malaysia (MyIPO) has rejected a trade mark application by Kraft Foods Shweiz Holding GmbH. The trade mark is:
The decision was based on the reasons that the trade mark did not fulfil the requirements of Section 10(1)(d) and (e) of the Trade Mark Act 1976 and that the trade mark did not fall within the definition of Section 3(1) of the Act....
MALAYSIA – A CAT FIGHT
This is a case concerning the use of the mark “FUSSIE CAT” and the law of passing off as decided by a High Court of Malaya at Kuala Lumpur.
The First Plaintiff is a company incorporated in Singapore and is in the business of manufacturing and distributing products relating to pets/animals, which includes animal food, litter, accessories, hygiene products etc. The Second Plaintiff is a company...
INDONESIA: MASSIVE AMENDMENTS TO THE PATENT LAW
On 28 July 2016, the proposal to amendment of Indonesian Patent Law was passed. It was to be effective starting from 28 August 2016, to replace the previous Law No. 14 Year 2001 on Patents. There are several key amendments that we would like to highlight as they bring significant effect to the patent applicants and owners.
Firstly, the changes made are on the exemptions from pharmaceutical...
MALAYSIA: THE FIGHT OVER “OVERSEAS”
In the case of Restoran Oversea Holdings Sdn Bhd v Overseas Seafood Restaurant Sdn Bhd, Restoran Oversea Holdings Sdn Bhd (hereafter referred to as “the Plaintiff”) had filed for a legal action to claim damages and to injunct Overseas Seafood Restaurant Sdn Bhd (hereinafter referred to as “the Defendant”) from continuing with the passing off of the Plaintiff’s two trade marks.
The first trade...
MALAYSIA: OISHI V OISHI, THE BATTLE CONTINUES
In the case of Liwayway Marketing Corporation v Oishi Group Public Company Limited, Liwayway Marketing Corporation, appealed against the High Court’s decision to expunge their trade mark “Oishi”.
Readers of our newsletters will surely recall that we have previously reported that in the High Court, Oishi Group Public Company Limited had succeeded in their application to expunge the Oishi trade...
MALAYSIA: LATEST UPDATES ON PATENT PROSECUTION MATTERS
On 1 June 2016, the Intellectual Property Corporation of Malaysia (MyIPO) has issued three practice directions on amendments to patent applications, divisional applications and recording a filing date for patent applications.
Amendments to patent applications that receive clear substantive examination report as the first office action
For patent applications that have fulfilled the substantive...
MALAYSIA: A “SWISS” STORY INDEED
In Maestro Swiss Chocolate Sdn. Bhd. v Chocosuisse Union Des Fabricants Suisses De Chocolat, Kraft Food Schweiz AG and Nestle Suisse S.A., the Federal Court of Malaysia dismissed the appeal filed by the Appellant and allowed the appeal filed by the Respondents.
Maestro Swiss (hereinafter be referred to as “ the Appellant”) manufactures and sells various types of chocolates under the brand...
MALAYSIA: SUPPLY AND SALE OF INFRINGED PRODUCTS ARE NOT TRADE MARK INFRINGEMENT ACTIONS
In Doretti Resources Sdn. Bhd. v Fitters Marketing Sdn. Bhd., ‘PYRO’-Tech Systems Sdn. Bhd., Teamware Sdn. Bhd., Muetech Sdn. Bhd. and Foo Swee Koon, the High Court of Malaya in Kuala Lumpur allowed striking out the Plaintiff’s claim against the last two Defendants.
Doretti Resources Sdn. Bhd. (hereinafter be referred as “the Plaintiff”) is a registered owner of the trademark ‘PYRO’ associated...
SINGAPORE: PROMEDIA SUCCEEDS IN A COPYRIGHT INFRINGEMENT CASE
In the case of Global Yellow Pages Ltd v Promedia Directories Pte Ltd SGHC 09, the Singapore High Court dismissed Plaintiff’s claim and the Defendant had succeeded in its counterclaim for groundless threat of suit.
Global Yellow Pages Ltd (hereinafter referred to as “the Plaintiff”) publishes telephone directories in Singapore. The Plaintiff’s online directory is maintained at the URL...
MALAYSIA – PLAINTIFF SUCCEEDS IN DESIGN INFRINGEMENT AND PASSING-OFF CASE
In the case of Alpha Home Appliance Sdn. Bhd. v NSB Home Appliance and NSB Lighting Sdn. Bhd, the High Court allowed the Plaintiff’s claim and the Defendants’ counterclaim is dismissed with costs.
By way of background, Alpha Home Appliance Sdn. Bhd. (hereinafter referred as Plaintiff) a company incorporated in Malaysia and deals with the research and development, manufacture and distribution...