Singapore: A trade mark saga
In the case of Intuition Publishing Ltd. v Intuition Consulting Pte. Ltd., the Singapore High Court relieved Intuition Consulting Pte. Ltd from the trademark infringement claims in the shade of in-sufficient evidence.
The Plaintiff, Intuition Publishing Ltd. which was previously known as Financial Courseware, adopted its present name on 17 April 1998 and has its subsidiary in Singapore...
Singapore: Patent held valid and hence infringed
In the case of Main-Line Corporate Holdings Ltd. v DBS Bank Ltd, the High Court of Singapore upheld the validity of the Main-Line Corporate Holdings Ltd. patent and found that it had been infringed by DBS Bank Ltd.
Main-Line Corporate Holdings Ltd. (hereinafter referred to as ‘the Plaintiff’) owns Singapore Patent No. 86037, filed in 1999 and granted in 2003. The patent, entitled...
Singapore: Let’s Tee Off
In the case of the Singapore Professional Golfers’ Association v Chen Eng Waye and Ors, 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: For interim relief, serious question and the balance of convenience must be proved
In the case of Ken Holdings Berhad & Ors v Sriseltra Sdn. Bhd, the Malaysian High Court in Kuala Lumpur allowed the Plaintiffs’ application of interlocutory injunction to restrain the Defendant from committing the act of passing-off and dismissed with cost the Defendant’s claim of restraining the Plaintiffs to seek verification as to the truthfulness of affidavits submitted by the...
LotteNidoo and Nido: A Case of David vs Goliath
In the case of Hiu Kuan Hoe v Societe Des Produits Nestle S.A., the Malaysia Court of Appeal held that the High Court Judge was clearly wrong in upholding the decision of the Registrar in refusing to register Hiu Kuan Hoe’s trade mark on basis of misapplication of the facts.
Hiu Kuan Hoe (hereinafter referred to as “the Appellant”) had applied to the Registrar of...
Malaysia: “Onus Of Proof For Good Faith Is On The Defendant”
In the case of DJ Auto Components Manufacturing Sdn. Bhd. v FBK Systems Sdn. Bhd., the Malaysian High Court at Kuala Lumpur held that FBK Systems Sdn. Bhd. has failed to discharge the onus of proof that it has used the mark in good faith and allowed DJ Auto Components Manufacturing Sdn. Bhd.’s application for a Trade Description Order.
DJ Auto Components Manufacturing Sdn. Bhd....
IT’S NICHE, MIND YOU!
In the case of Doctor’s Associates Inc. v Lim Eng Wah (trading as SUBWAY Niche) the Singapore High Court held that for visual and aural similarity, one must bear in mind the “imperfect recollection” of customer and “the ideas that lie behind” for conceptual similarity.
Doctor’s Associates Inc. (hereinafter referred to as “the plaintiff”) is an American...
IT’S ROSE(Y) LIFE OUT THERE!
In the case of Hai Tong Co (Pte) Ltd v Ventree Singapore Pte Ltd and another, the Singapore High Court found that the defendants had infringed the plaintiff’s “Lady Rose” word mark and granted plaintiff the injunctions to restrain the defendants from infringing the plaintiff’s mark.
Hai Tong Co Pte Ltd (hereinafter referred to as “the plaintiff”) is a...
SINGAPORE: FOR A MARK REGISTERED IN BAD FAITH THE BURDEN OF PROOF LIES IN THE PARTY ASSERTING IT AND REQUIRES A HIGH STANDARD OF PROOF
In the case of P. T. Swakarya Indah Busana v Haniffa Pte Ltd and another, the Singapore High Court declared the applications filed by two parties to register 15 trade marks were invalid as they were in filed in bad faith.
P. T. Swakarya Indah Busana (hereinafter referred as “the Plaintiff”) is a corporation incorporated in the Republic of Indonesia manufacturing garments bearing the marks...
MALAYSIA: ASSIGNEE OF RIGHTS OF AN INDUSTRIAL DESIGN IS REGISTERED PROPRIETOR OF INDUSTRIAL DESIGN
In the case of AV Future Link Sdn. Bhd. v Inno Supply & Services Sdn. Bhd., the Malaysian High Court in Kuala Lumpur dismissed AV Future Link’s claim for unlawful interference and allowed the Inno Supply & Services’ counterclaim of legal and beneficial ownership of a number of registered industrial designs.
The Court held that the rights obtained through registration of an...