MALAYSIA – PASSING OFF MUCH?
This is the case between Guangzhou Light Industry & Trade Group Ltd (hereinafter referred to as “the 1st Plaintiff”), Guangzhou Eaglecoin Enterprises Group Corporation (also known as Guangdong Cannery) (hereinafter referred to as the “the 2nd Plaintiff”) and Kim Guan Hap Kee Sdn Bhd (hereinafter referred to as the “the 3rd Plaintiff”) and Lintas Superstore Sdn Bhd (hereinafter referred as...
MALAYSIA: FOR THE LOVE OF RICE
On 27 March 2019, the Court of Appeal delivered a judgment in a case of Syarikat Faiza Sdn. Bhd & Faiza Bawumi Binti Sayed Ahmad (hereinafter referred to as “1st Plaintiff” and “2nd Plaintiff”, respectively) v Faiz Rice Sdn. Bhd & Fikri bin Abu Bakar (hereinafter referred to as “1st Defendant” and “2nd Defendant”, respectively), in which the dispute relates to the trademarks and...
MALAYSIA: HOW PATENT DAMAGES ARE ACCESSED BY COURT
In the case of Asia File Products Sdn Bhd (herein referred as “Plaintiff”) V Brilliant Achievement Sdn Bhd, Lion File Marketing Sdn and Kho Kok Seang (herein referred as “1st, 2nd and 3rd Defendant respectively”) at the Court of Appeal against the Senior Assistant Registrar’s (hereinafter referred to as “the SAR”) assessment of compensatory damages for patent infringement (hereinafter referred...
MALAYSIA: MARKETING GOODS VIA INSTAGRAM IS STILL A TRADE MARK INFRINGEMENT
On 1 March 2019, High Court of Malaya at Kuala Lumpur delivered a judgement to the matter of 30 Maple Sdn. Bhd. (hereinafter referred to as the “Plaintiff”) v Siti Safiyyah Binti Mohd Firdaus Chew, an individual (hereinafter referred to as the “Defendant”).
The Plaintiff is a private limited incorporated under the laws of Malaysia and is engaged in manufacturing, supplying, and promoting the...
MALAYSIA: FOREIGN ENTITY MUST PAY SECURITY COSTS IN ORDER TO INITIATE LITIGATION
This case was in relation to two foreign companies whereby Merck KGaA (hereinafter referred to as “the Plaintiff”) which is involved in the business of pharmaceutical, chemical and life sciences and Xtalic Corporation (hereinafter referred to as “the Defendant”) which is involved in the business relating to nanostructured materials with regards to a dispute about the security for costs...
MALAYSIA: PERMANENT INJUNCTION ISSUED AGAINST INFRINGER
In a recent High Court ruling, HEINEKEN ASIA PACIFIC PTE LTD (hereinafter referred to as “the Plaintiff”), a registered proprietor in Malaysia of “BINTANG” mark, which produce, manufacture, package, distribute, market and sell beer, non-alcoholic beer and a range of other beverages had filed a summary judgement application (“Application”) for certain injunctive orders against SUPER LA VIA SDN...
MALAYSIA: THE TORT OF PASSING OFF DEFINED
This case was in relation to the tort of passing off whereby both the Plaintiff and Defendant are accountable for the tort of passing off that was originally registered by the Plaintiff upon setting up a partnership business in Malaysia for real estate services. On the other hand, the Defendant is claiming that the Plaintiff has committed the act of passing off as the registered mark was...
MALAYSIA: MERCK SHARP & DOHME HITS ANOTHER OBSTACLE
In January of 2019, the Court of Appeal at Putrajaya delivered a judgment to the matter of Merck Sharp and Dohme Corp (hereinafter referred to as “Appellant 1”) and Merck Sharp and Dohme (Malaysia) Sdn. Bhd. (hereinafter referred to as “Appellant 2”) v Hovid Berhad (hereinafter referred to as “Respondent”), which attracted a lot of interest in the industry and amongst patent practitioners in...
SINGAPORE: WOULD A FREIGHT FORWARDER BE LIABLE FOR TRADEMARK INFRINGEMENT FOR TRANSSHIPPING COUNTERFEIT GOODS?
This case is in relation to whether a freight forwarder would be liable in the event if they import or export either by way of transshipment without having the knowledge that the package may contain counterfeit goods.
A trade mark infringement action was taken against a Singapore freight forwarder Megastar Shipping Pte. Ltd. at the Singapore High Court by Burberry Limited and Louis Vuitton...
MALAYSIA: JAPANESE COMPANY DEFEATS MALAYSIAN COMPANY IN A TRADE MARK AND COPYRIGHT CASE
In a High Court ruling, Hakubaku Co. Ltd. (hereinafter referred to as “the Plaintiff”), a Japanese company which manufactures, among others, noodles is allowed to file a trade mark expungement application under Section 45(1)(a) of the Trade Marks Act 1976 (hereinafter referred to as “the TMA”) to expunge a registered trade mark registered by a Malaysian company Asiamega Food Manufacturers Sdn....