MALAYSIA: COPYRIGHT AND PASSING OFF ACTION DECIDED BY HIGH COURT
Public Performance Malaysia & Tan Ngiap Foo v Prism Berhad is a copyright infringement and passing off claim before the High Court of Malaya in Kuala Lumpur.
Public Performance Malaysia Sdn. Bhd. (hereinafter referred as “the First Plaintiff”) is a declared licensing body under the Copyright Act 1987 and has the mandate and responsibility to collect royalties on behalf of recording...
MALAYSIA: SKB’S APPEAL DISMISSED BY THE FEDERAL COURT
This is the Appellant’s appeal against the whole of the decision of the Court of Appeal in allowing the Respondents’ appeal against the decision of the High Court of Kuala Lumpur and this appeal is therefore dismissed by the Federal Court with costs.
SKB Shutters Manufacturing Sdn. Bhd. (hereinafter referred to as “the Appellant”) is the registered proprietor of Malaysian Patent No....
MALAYSIA: APPEAL DISMISSED BY THE FEDERAL COURT
In the case of Mesuma Sports Sdn. Bhd. v Majlis Sukan Negara Malaysia, the Federal Court in Malaysia dismissed the appeal with cost due the facts that Mesuma Sports was the first user of the tiger stripes.
Majlis Sukan Negara Malaysia (hereinafter referred as “the Respondent”) is a statutory body established under the provisions of the National Sports Council of Malaysia Act 1971 (Act 29). Its...
MALAYSIA: COURT OF APPEAL HELD PATENT VALID
The appellants in Yeohata Machineries Sdn. Bhd. & Anor v Coil Master Sdn. Bhd. appealed against the decision of the High Court which dismissed the appellants’ claim that the Defendants infringed the Malaysian Patent no. MY-125572-A (hereinafter be referred “the Patent”) and which allowed the respondents’ counterclaim to invalidate the Patent.
The Patent is owned by the first appellant...
MALAYSIA: RATO TRADE MARK AND COPYRIGHT OWNERSHIP DISPUTE DECIDED
In the case of Chongqing Rato Manufacturing Corporation v MP Machinery (M) Sdn. Bhd., the Malaysian High Court allowed the Plaintiff’s claims to expunge the registration of the Defendant’s trade mark.
Chongqing Rato Manufacturing Corporation (hereinafter referred as “the Plaintiff”) was incorporated on 1 June 2007 in China under the name of Chongqing Rato Power Co Ltd. On 19 September 2012, it...
MALAYSIA: NATIONAL NEWS AGENCY GIVEN CHANCE TO FILE DEFENCE
Borneo Rainforest Lodge v Bernama is a copyright claim in the High Court in Kota Kinabalu, Malaysia.
The Plaintiff, Borneo Rainforest Lodge, obtained judgment in default of appearance against the Defendant, Bernama, which is the Malaysian national news agency.
The Defendant filed an application to set aside or vary the judgment based on the following reasons:
(a) the Plaintiff named in this...
MALAYSIA: USA PRO SUCCEEDS IN CANCELLING USAPRO TRADE MARK
This article relates to USA PRO IP Limited v Monfort Services Sdn. Bhd. and Registrar of Trade Marks is a trademark dispute in the Kuala Lumpur High Court.
USA PRO IP Limited (hereinafter be referred as “the Plaintiff”) is a company incorporated in England and is in the business of manufacturing, distributing, supplying, selling and offering for supply various goods around the world. The goods...
MALAYSIA: SANTA BARBARA POLO & RACQUET CLUB TRIUMPHS IN BATTLE OF POLOS
This article is based on the decision of the High Court of Malaya in Kuala Lumpur involves between BRG Brilliant Rubber Goods (M) Sdn. Bhd. (“hereinafter referred as “the Plaintiff”) which is a company incorporated in Malaysia who has been manufacturing and selling a wide range of goods under its registered mark in Classes 25 and 28 in Malaysia since 28 August 1981 (hereinafter referred to as...
MALAYSIA: PARLIAMENT V PARLIAMENT
In the case of Philip Morris Brands SARL v Rothmans Brands Sdn. Bhd., the Malaysian High Court allowed the Plaintiff’s claims for non – use of the ‘Parliament’ trade mark by the Defendant.
Philip Morris Brands SARL (hereinafter referred as “the Plaintiff”) is a company incorporated in Switzerland and is part of the Philip Morris International Inc. Group of Companies (‘the PMI Group’). The...
SINGAPORE: IPOS DEFINES THE TERM USE OF MARK
In this trade mark revocation hearing before the Hearings and Mediation Group of the Intellectual Property Office of Singapore (IPOS), Lisbeth Enterprises Limited (hereinafter be referred as “the Applicant”), filed an application for revocation of a trade mark on the grounds of non-use. The subject mark was registered in the name of Procter and Gamble International Operations SA (hereinafter...