In the recent Singapore High Court decision of Caterpillar Inc v Ong Eng Peng (formerly trading as Catplus International) [2006] SGHC 58, Caterpillar Inc, a US incorporated company sued the defendant who had formerly traded as business known as Catplus International. The plaintiff alleged that the defendant's use of the CATPLUS marks in respect of […]
Singapore - Nike International Ltd v. Campomar SL (2006) SGCA 2
A recent Singapore Court of Appeal decision on what constitutes trade mark "use" Campomar, a Spanish company, was the proprietor of the trade mark NIKE in Class 3 with respect to perfumes. Campomar's NIKE had been registered since 30 December 1989 with the registration taking effect from 2 April 1986. On 21 January 2002, US […]
Restaurant Owner Successfully Enforces Undertaking In Breach Of Confidence Suit In Singapore
A breach of confidential information suit by a restaurant chain in Singapore resulted in a settlement agreement being entered, the breach of which then precipitated a suit that was then settled by both parties by a consent judgment being entered into. The suit in question was initially brought two years ago by O.B. Singapore Operations, […]
Singapore Intellectual Property Laws - a Maturing Jurisprudential Landscape
PATENT Patent holder prevails in patent infringement suit: Trek Technology (Singapore) Pte Ltd v FE Global Electronics Pte Ltd and Others [1] On 16 April 2002, Trek was granted a Singapore patent for a portable USB enabled computer data storage device. Trek's product is sold under Trek's registered trademark "ThumbDrive". Trek's patent has also been […]
Virtual Map (Singapore) Pte Ltd v. Suncool International Pte Ltd [2005]2 SLR 157; [2005] SGHC 19
With the emergence of the internet, the interpretation of copyrights in intellectual property derived from such electronic environment is put to the test. A recent example is a lawsuit filed by Virtual Maps against Suncool International. Virtual Map had earlier on issued letters of demand to almost 100 companies in Singapore for downloading maps from […]
"Corrupted Creativity" – Landmark Singapore Decision against Trademark Copycat
Introduction The dramatic growth of electronic healthcare products in Singapore over the past 5 years created a fertile ground for copycat companies to spring up and wage guerilla warfare against established companies (and IP owners) for market share. The recent Singapore High Court decision of OTO Bodycare Pte Ltd v Hiew Keat Foong [2005] SGHC […]
Malaysian Court Affirms The View That Novelty In Designs Must Be Viewed As A Whole
Novelty is a basic and fundamental requirement to obtain a design registration in Malaysia, termed here as industrial designs. This factor separates a design that has existed before against a design that is wholly new or original and has not yet been viewed by the public before. The novelty requirement also ensures that before any […]
Malaysian Industrial Designs-the Courts adopt an objective approach? A case note on Arensi-Marley (M) v Middy Industries
A recently reported Malaysian High Court decision has demonstrated that the Malaysian courts will maintain the principle of the court not deferring to the opinion of witnesses as to the issue of novelty, but make a determination based on the visual impression of the judge. In the case Arensi-Marley (M) Sdn Bhd v Middy Industries […]
Review of Decision on Expungement of Trade Mark and Rectification of Trade Mark Register in Malaysia
Bata Limited v Sim Ah Ba @ Sim Teng Khor and Ors [2006] MLJU 237 Court of Appeal, Malaysia On 26th June 2006, a decision by the Court of Appeal of Malaysia has further clarified the grounds that should be relied upon for seeking the removal of a trademark and rectification of the Trade Mark […]
'Mc' belongs to McDonald’s – McDonald’s wins damages in Malaysia
As a result of a five-year legal tussle between the U.S. Burger chain, McDonald's Corp. (Plaintiff) and McCurry Restaurant (KL) Sdn Bhd (Defendant), the Malaysian High Court has ruled that "Mc" is the exclusive right and trade mark of fast food giant McDonald's Corporation. In the statement of claim filed on June 6, 2001, McDonald's […]