Malaysia: Court of Appeal Overruled High Court’s Decision
In the case of Cadware Sdn Bhd v Ronic Corporation, the Court of Appeal of Malaysia set aside the order of the High Court and declared that Cadware Sdn Bhd had not infringed Ronic Corporation’s Malaysian patent.
Cadware Sdn Bhd (hereinafter referred to as “the Appellant”) manufactures and distributes a soya milk machine product called “One Touch Energy Maker” (hereinafter referred to as “the...
Malaysia: High Court Held Cargill Incorporated’s Trade Mark Registrable
In the case of Cargill Incorporated v Registrar of Trade Marks, the High Court of Malaya in Kuala Lumpur adjudged Cargill Incorporated’s trade mark to be registrable under Section 10(1) of the Trade Marks Act.
Cargill Incorporated (hereinafter referred to as “the Plaintiff”) applied to the Registrar of Trade Marks to register the trade mark “Poultry Focus” claiming non-medicated animal feeds...
Malaysia: Good And Bad News For NEP Holdings
In the case of NEP Holdings (Malaysia) Berhad v C.K Filtration Technology Sdn Bhd, the High Court of Malaya in Kuala Lumpur upheld the validity of NEP Holdings (Malaysia) Berhad’s Malaysian patent while dismissing their claim for patent infringement against C.K Filtration Technology Sdn Bhd.
NEP Holdings (Malaysia) Berhad (hereinafter referred to as “the Plaintiff”) is a publicly listed...
Malaysia: Philip Morris v Goodness
In the case of Philip Morris Brands Sari v Goodness For Import and Export & Ors, the High Court of Malaysia sided with Goodness For Import and Export & Ors by discharging the injunction order and ordering the release of containers owned by Goodness For Import and Export & Ors.
Philip Morris Brands Sari (hereinafter referred to as ‘the Plaintiff’) is the registered proprietor and...
Malaysia: Spell It Right
In the case of The New Straits Times Press (Malaysia) Sdn Bhd & Anor v Admal Sdn. Bhd, the Malaysian Court of Appeal overturned the decision of the High Court and declared The New Straits Times Press (Malaysia) Sdn. Bhd. & Anor to be free from the alleged copyright infringement.
The New Straits Times Press (Malaysia) Sdn. Bhd. & Anor (hereinafter referred to as “the Appellants”)...
Malaysia: A Tale of Coconut Water
In the case of WB Fresh Coconut Supplier Sdn Bhd v Gan Boon Wah & Anor, the High Court of Malaya at Johor Bahru adjudged Gan Boon Wah & Anor to have committed the tort of misrepresentation and subsequently granted interlocutory injunction as prayed by WB Fresh Coconut Supplier Sdn. Bhd.
WB Fresh Coconut Supplier Sdn. Bhd. (hereinafter referred to as “the Plaintiff”) is a private...
Malaysia: Continued Growth for 2013
Dear Clients and Associates,
We are very pleased to inform you that our Managing Director, Mr. Ramakrishna Damodharan was recently interviewed by UK-based magazine Acquistion International (http://www.acquisition-intl.com/) on the economic outlook of Malaysia and what is in store for 2013 and beyond. You can review a copy of the article as published by Acquisition International in the May...
Malaysia: Stripes Striped
In the case of Majlis Sukan Negara v Mesuma Sdn Bhd, the High Court of Malaya at Kuala Lumpur adjudged Mesuma Sdn. Bhd. to have committed the tort of passing-off while simultaneously rejecting Mesuma Sdn Bhd’s counter claim for trade mark infringement.
Majlis Sukan Negara Malaysia (National Sports Council of Malaysia) (hereinafter referred to as “the Plaintiff”) is a statutory body established...
Malaysia: Ken Holdings & Ors succeed
In the case of Ken Holdings Berhad & Ors v Sri Seltra Sdn Bhd & Ors, the High Court of Malaya at Kuala Lumpur adjudged Sri Seltra Sdn Bhd & Ors to have committed the tort of passing of while simultaneously rejecting Sri Seltra Sdn Bhd & Ors counter claim for defamation and unlawful interference.
Ken Holdings Berhad & Ors (hereinafter referred to as “the Plaintiffs”) operate...
Malaysia: Exporter Does Not Infringe A Locally Registered Trade Mark
In the case of Finder Industries (M) Sdn. Bhd. V M B Products (M) Sdn. Bhd., the High Court of Malaya at Melaka, Malaysia dismissed the Plaintiff’s claims for infringement and passing off.
Finder Industries (M) Sdn Bhd (hereinafter referred to as “the Plaintiff”) is a company incorporated in Malaysia and is a registered proprietor of the trade mark “O’Lagenda” claiming coffee, tea and cocoa in...