MALAYSIA: UNDERSTANDING THE VALUE OF TRADEMARKS CO-EXISTENCE IN OTHER JURISDICTIONS
In the High Court case of Merck KGAA v Xtalic Corporation, Merck KGAA (hereinafter referred to as the Plaintiff) filed an appeal against the Malaysian Registrar of Trade Marks (hereinafter referred to as the Registrar) dismissal of opposition to the application for registration of a trademark on 2 July 2018.
The Plaintiff is a private limited company incorporated in Germany involved in the...
Protecting Your Business in a Global Market
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Last year, Malaysia joined the Madrid Protocol becoming the 106th member of the Madrid System. The Madrid System enables brand owners or entrepreneurs to protect their brands in 122 countries, including the United States, Australia, the United Kingdom and Brazil. However many are still in...
MALAYSIA: ESTOPPEL AND BREACH OF CONTRACT
In the Court of Appeal case of Mohamad bin S Ahmad & Ors v Lembaga Pengelola Dewan Bahasa dan Pustaka 9 MLJ 315, all partners of Darul Fikir, namely Mohamad Bin S. Ahmad, Sheikh Ahmad Bin Mohamad, Sheikh Mohammad Ayman Bin Mohamad and Sheikh Mohammad Syaamil Bin Mohamad (hereinafter referred to as “the Appellants”) appealed against decision of the High Court dated 7 August 2018, which...
MALAYSIA: EFFECT OF DISCLAIMERS IN THE SCOPE OF TRADEMARK
On 17 July 2019, the Court of Appeal delivered a judgement in a case of Nor Yanni bt Adom & Anor v Ortus Expert White 1 MLJ 101 concerning breach of dealership agreement, trademark infringement and passing-off.
Ortus Expert White (hereinafter referred to as “the Respondent”) is the owner of a registered trademark of “Royal Expert White” that had a crown device. One Ms. Nor Yanni Binti...
MALAYSIA: BISCUITS BATTLE IN COURT
In the High Court of Malaya case of Munchy Food Industries Sdn Bhd v Huasin Food Industries Sdn Bhd, Munchy Food Industries Sdn Bhd (hereinafter referred to as “the Plaintiff”) brought an action against Huasin Food Industries Sdn Bhd (hereinafter referred to as “the Defendant”) for trademark infringement and passing off.
The Plaintiff is the owner of LEXUS Mark, which was registered on 23 Jan...
MALAYSIA: WHO OWNS THE BIKE?
The following article summarizes several suits and appeals concerned with Honda Giken Kogyo Kabushiki Kaisha, a Japanese automobile company, (hereinafter referred to as “Honda”) copyright claims and damage for alleged copyright infringements by several Defendants. In all the suits discussed, Honda acts as the Plaintiff. For easy reference the suits and the following appeals are listed as...
MALAYSIA – MIRROR, MIRROR ON THE WALL, WHO’S THE FAIREST OF ‘EM ALL?
Unfair judicial treatment has been discussed in the hearing of Ho Shen Lee (M) Sdn Bhd (the Plaintiff) v TNL Plastic Manufacturer Sdn Bhd (the Defendant) at the High Court. During the hearing, the Plaintiff was repeatedly interrupted and interjected by the Trial Judge during the examinations of Plaintiff’s witnesses, hence making it difficult for the Plaintiff to present its case. The outcome...
MALAYSIA: JLLP APPEAL’S ALLOWED
On March 2019, the Court of Appeal delivered a judgment in a case of Appraisal Property Management Sdn. Bhd.; JLL Property Services (Malaysia) Sdn. Bhd; & Jones Lang Wootton Ltd (hereinafter referred to as “JLLP”) v Singham Sulaiman Sdn. Bhd (hereinafter referred to as “SSSB”) in which the JLLP appealed against the decision of the High Court in the 1st suit, whereby the High Court ruled...
Surain Satgunarajah
Surain Satgunarajah attained a Bachelor of Science (BSc) Honours in Biotechnology from University College Sedaya International (UCSI), Malaysia. He also holds a Bachelor of Laws (LLB) Honours degree from Aberystwyth University, United Kingdom. He was the recipient of the ‘Best Student’ award in both International Law and Commercial Law, areas which he has developed knowledge and acumen in....