Singapore: Court of Appeal Reverses High Court’s Decision
Recipients of our e-newsletters will surely recall that we had reported in May 2012 that the Singapore High Court held that Hai Tong Co (Pte) Ltd had failed to discharge its burden of proving that there was damage or a likelihood of damage to its goodwill and therefore dismissed the passing off claim by Hai Tong Co (Pte) Ltd.
Hai Tong Co (Pte) Ltd had since filed an appeal at the Singapore...
Singapore: Sanofi-Aventis Singapore Pte Ltd Granted Rights To Obtain Further and Better Particulars
In the case of AstraZeneca AB (SE) v Sanofi-Aventis Singapore Pte Ltd, the High Court allowed the request by Sanofi-Aventis Singapore Pte Ltd and ordered AstraZeneca AB (SE) to furnish further and better particulars of that were requested by Sanofi-Aventis Singapore Pte Ltd.
AstraZeneca AB (SE) (hereinafter referred to as “the Plaintiff”) is the proprietor of Singapore Patent No. SG 89993...
Malaysia: Nehemiah Reinforced Soil Sdn Bhd v Patrick Cyril Augustin & Anor: High Court’s Decision Upheld by Court of Appeal
Recipients of our e-newsletters will surely recall that we had reported in February 2012 that Malaysian High Court in Shah Alam had declared Patrick Cyril Augustin & Anor’s Malaysian Patent No. MY-103619-A to be invalid. Patrick Cyril Augustin & Anor had filed an appeal against the decision and recently, the Court of Appeal upheld the High Court’s decision and declared the patent to be...
Malaysia: What’s In A Name? Everything!
In the case of Tai Foong Lam v Hamdi Abdullah & 3 Ors, the Malaysian Court of Appeal overturned the High Court’s decision of allowing Hamdi Abdullah and others to continue using the name of their dissolved partnership firm and allowed Tai Foong Lam’s appeal without costs.
Tai Foong Lam (hereinafter referred to as “the Appellant”) and Hamdi Abdullah and Vincent Chan Siew Onn (hereinafter...
Malaysia: Trinity v Trinity
In the case of Trinity Group Sdn Bhd v Trinity Corporation Berhad, the High Court in Malaysia adjudged Trinity Corporation Berhad to have committed the tort of passing off and allowed the claims made by Trinity Group Sdn Bhd with costs.
Trinity Group Sdn Bhd (hereinafter referred to as ‘the Plaintiff’) is a private limited company incorporated in 2004 and involved in the business of project...
Singapore: Court of Appeal reversed High Court’s decision
Our clients and associates will surely recall our article which was published on 28 June 2012 wherein we have reported that the Singapore High Court dismissed Singapore Professional Golfers’ Association’s action for passing off against Chen Eng Waye and others with costs as Singapore Professional Golfers’ Association could not prove the existence of “classical trinity”, namely...
Malaysia: It’s A SWISS success
In the case of Chocosuisse Union Des Fabricants Suisses De Chocolat & Ors v. Maestro Swiss Chocolate Sdn Bhd & Ors, the Court of Appeal reversed the High Court’s decision of dismissing Chocosuisse Union Des Fabricants Suisses De Chocolat & Ors claim against Maestro Swiss Chocolate Sdn Bhd & Ors for the tort of extended passing off and their claim under the Geographical...
Malaysia: It’s tough to SOCIALize
In the case of Tan Mei Li & Ors v Golden Regal Restaurant Sdn. Bhd., the High Court of Malaya at Kuala Lumpur adjudged Golden Regal Restaurant Sdn. Bhd. to have committed the tort of passing-off their business as that of Tan Mei Li & Ors.
Tan Mei Li & Ors (hereinafter referred to as ‘the Plaintiffs’) are the proprietors of restaurants and manage and operate the business of...
Singapore: Patent can be amended when its validity is being challenged
In the case of Novartis AG and another v Ranbaxy (Malaysia) Sdn. Bhd., the High Court of Singapore allowed Novartis AG the leave to amend the claims of its patent although the validity of the patent is being challenged by Ranbaxy (Malaysia) Sdn. Bhd.
Novartis AG (hereinafter referred to as ‘the Plaintiff’) is the registered proprietor of the Singapore Patent No SG 120119 (hereinafter referred...
Malaysia: A case on wrongful dismissal and copyright benefits
In the case of John Kenneth Carpenter v Naim Land Sdn. Bhd., the High Court of Sabah and Sarawak at Kuching, Malaysia dismissed John Kenneth Carpenter’s claim for wrongful dismissal and copyright benefits.
John Kenneth Carpenter, an Australian (hereinafter referred to as ‘the Plaintiff’) was an employee of Naim Land Sdn. Bhd. (hereinafter referred to as ‘the Defendant’), having started the...