In a recent decision the Malaysian High Court in the case of Abercombie & Fitch Co. & Anor V Fashion Factory Outlet KL Sdn Bhd & Ors [2008] 4 MLJ 127, held that sale of goods bearing a trademark over the Internet or via a website is recognized as use of the trademark. In the […]
The Test For Interlocutory Injunction In Trademark Infringement and Passing Off Tightens in Malaysia
In the recent Malaysian decision of Sanbos (M) Sdn Bhd v Tiong Mak Liquor Trading (M) Sdn Bhd [2008] 3 MLJ 100, the High Court dealt with the test of what would be sufficient to grant an interlocutory injunction in trademark and passing off matter. The Plaintiff was the registered proprietor of the trademarks "CLUB […]
Malaysia High Court Invalidates Recent Patent In Favour Of Original Patentee
In IEV International Pty Ltd v Sadacharamani a/l Govindasamy [2008] 2 MLJ 754, the High Court of Malaysia considered the issue of novelty in relation to improvements made to an existing patent right and whether to allow a patent invalidation action brought by the original patentee. BACKGROUND FACTS The Plaintiff in this case, IEV International […]
Singapore Patent Infringement - The purposive approach as defined in Kirin-Amgen upheld
Since the signing of the Free Trade Agreement (U.S. – Singapore Free Trade Agreement) in May 2003 between Singapore and the United States, exports from the United States to Singapore have "exploded", and trading between both countries has increased substantially in the years succeeding the signing. Due to the specific nature of intellectual property rights […]
Singapore Copyright - One man’s rubbish is another man’s treasure
The facts of the recent Singapore Court of Appeal case of Obegi Melissa and Others v Vestwin Trading Pte Ltd [2008] SGCA 4 were as follows. The defendants were judgment creditors of the plaintiffs. The defendants filed affidavits exhibiting documents (which the plaintiff claimed were confidential) to enforce a New York judgment against PT Indah […]
Malaysia Trademarks – What constitutes ‘Actual Use?’
In the Malaysian case of Godrej Sara Lee Ltd v Siah Teong Teck & Anor (Part 2) [2007] 7 MLJ 164, the High Court dealt with the issue of non-use of a trademark and its removal from the Register. The Applicant in this case who was a manufacturer of consumer goods sought to apply for […]
“Person Aggrieved”: A stricter test in Malaysia
The Court of Appeal in Malaysia has had occasion to recently consider the issue of what constitutes a person aggrieved in the context of the expungement of a trade mark from the Register. This is of importance as section 45 of the Trade Marks Act ("the Act") provides that an application to rectify the Register […]
Singapore - Intellectual Property Exploitation – a case in Parallel Import
The issues examined in the case Hawley & Hazel Chemical Co. (s) Pte Ltd v Szu Ming Trading Pte Ltd [2008] SGHC 13 will determine whether there should be a legal or contractual obligation on the part of the licence grantor to limit the influx of parallel imports that a licensee or distributor might face […]
Patent Litigation in India – The Case of Bajaj – TVS Dispute
The Digital Twin Spark Plug Ignition [DTS-i] technology debate between the two wheeler manufacturing giants Bajaj Auto and TVS Motors continues. The patent war has now reached the Supreme Court with Bajaj seeking a restrain on the manufacturing and selling of TVS' two-wheeler 'Flame'. Bajaj has sought a revocation of the Madras High Court order […]
Seiko Epson Corp v Sepoms Technology Pte Ltd and Another (2007) SGCA 52
In this case, the plaintiff manufactured ink jet printers and the defendants manufactured and sold compatible ink cartridges, which could be used to replace ink cartridges produced by the plaintiff. Both parties were patent owners in relation to ink cartridges. In 2007, the Singapore High Court decided on whether an infringing party might use the […]