A commentary by Patrick Mirandah on the Landmark Decision of the Federal Court GS Gill Sdn Bhd v Descente, Ltd. [2010] 5 CLJ 613 INTRODUCTION The Federal Court in GS Gill Sdn Bhd v Descente, Ltd [2010] 5 CLJ 613 has provided a strict guideline for the licensees in relation to trade mark licensing in […]
Malaysia - “Electronic Coding Survey” Permissible Evidence?
On 09 February 2010, the High Court of Kuala Lumpur, in delivering the judgment for the case of LAM SOON EDIBLE SDN BHD Vs HUP SENG PERUSAHAAN MAKANAN (M) SDN BHD, provided essential features in respect of claims, which are made, based on filing a cancellation action for non - use particularly for Market Survey […]
Commercial Court In Favour Of Famous Marks In Indonesia
A Review of GRAMOXONE v PRIMAXONE Case Through its recent decision in GRAMOXONE v PRIMAXONE (Case No. 71/Merek/2009/PN.Niaga.Jkt.Pst), the Commercial Court of the District Court of Central Jakarta has once again given due recognition to the protection of well-known trademarks belonging to foreign entity in Indonesia. The Commercial Court finds the use of similar marks […]
Singapore Court of Appeal Affirms Protection of Well Known Marks in Novelty Pte. Ltd. V. Aman Resorts Ltd.
Should a cluster housing project in a relatively affordable, middle class housing estate – Yio Chu Kang be allowed to share the same name as an ultra-exclusive luxury resort in Bali when that name is not a registered trademark in Singapore? In the landmark case of Amanresorts Limited v Novelty Pte Ltd [2008] 2 SLR(R) […]
Passing Off and Trade Dress - Old Town White Coffee Vs. Old Taste Ipoh White Coffee
A Study on the Impact of KPI in Malaysia The recent case of Kopitiam Asia Pasific Sdn. Bhd. v Amazing Spectacular Sdn. Bhd. highlights certain points pertinent to the current intellectual property scene in Malaysia, especially the law relating to passing off. The case merits the possibility of suing in passing off of not only […]
Philippines - Clarification On Power Of Attorney
Intellectual Property Rights holders can execute a General Power of Attorney (POA) authorizing its agent in the Philippines to represent them in applications and/or registrations before IP Philippines. One signed POA will be sufficient to cover present and future filings to be made in the name of the same applicant. However, a separate Power of […]
Thailand - The Case for Similar Marks - Trademark Examination Procedure
Thailand has always been a difficult jurisdiction for trademark protection. A key reason has been the unique practice of determining conflicting marks not only on the basis of phonetic and visual similarities, but on account of their transliteration in the Thai language as well. For example, KIRIN and KIRAINE. Moreover, even though the Nice Classification […]
Malaysia - Raytheon Wins Battle Of The Bombs
The battle between Lockheed Martin and Raytheon, the two of the largest companies in the global defence industry, reached a new level at the High Court in Malaysia last year. The argument was over the registration and use of the trade mark Paveway, a type of laser-guided bomb made by Raytheon in Malaysia. Both companies […]
Indonesia Makes Headway in Cancellation Action Proceedings
For Civil law jurisdictions like Indonesia, where rights in a trademark arise from registration, not use, a trademark cannot be enforced unless it is registered. The owners of internationally famous Trademarks such as LOUIS VUITTON, YVES SAINT LAURENT and GUCCI often face serious problems with world-wide infringement of these marks. If the mark is registered […]
Malaysia - The Law Of Passing Off Examined In Court
The Plaintiff's case The Plaintiff's brought an action against the Defendants for passing off, conspiracy to pass of, conspiracy to injure the trade of the Plaintiffs, malicious falsehood and slander of goods and infringement of trade mark under the Trade Mark Act 1976. The Plaintiff's product known as "Lady Gold" was registered under the Control […]