V&S Vin & Spirit Aktiebolag (V&S), the owner of the Absolut trade mark, one of the most well-known and reputed brands in the world for spirits and luxury goods, filed a civil suit in India against Bangalore based pharmaceutical company Pharmed and one of its subsidiaries (Pharmed) for infringing, passing off and diluting its well-known […]
Loss of distinctiveness - the Singapore experience with generic marks
While trademark owners may beam as their trademarks grow in fame, bursting into widespread popularity, the danger is that someday all value might be lost. Such naivety on the part of mark owners can be detrimental, as once a trademark starts to form part of a common vocabulary, then they become generic and open to […]
Indonesia - The Jakarta Buddha Bar Story
What’s in a trade name without a registered trademark in a business or to be more specific, the restaurant business? Apparently, it can be no less distinguishable than the original registered trademark. Take the example of the once registered trademark, Buddha Bar, in Jakarta, Indonesia. As reported in The Jakarta Post (online) on 22 April […]
Malaysia - Functional or utilitarian characteristics of an article of manufacture are not protectable under passing off law
Alfa Laval ( M) Sdn Bhd v Ng Ah Hai & Ors [2008] 5 MLJ 344 The Plaintiff, Alfa Laval (M) Sdn Bhd, a manufacturer and supplier of plate heat exchangers and plate under the brand 'Alfa Laval' applied for an injunction to inter alia restrain the Defendants from passing off imitation plate heat exchangers […]
A Giant Step Towards Global Harmonization in the ASEAN Trademark System
Intellectual Property Rights (IPRs), in particular trademarks have taken on increased importance in the current Internet-driven, knowledge based society, due in part to the growth of the Internet as an information/technological medium. Association of Southeast Asian Nations (ASEAN) notes that IP and IPRs creation, commercialization, and protection have assumed an increasingly profound and unprecedented influence […]
Singapore - Louis Vuitton gets tough on local retailer
Leading luxury and fashion goods company Louis Vuitton won a High Court judgment against a Hong Kong based watch retailer, City Chain, for trademark infringement in Singapore. LV's issue was with certain watches sold by City Chain under its Solvil brand. LV believes that City Chain were infringing on its trademark, a flower with four […]
Indonesia Works To Improve Its Trademarks Regulations System
With the introduction of new regulations for the protection of different elements of Intellectual property, such as Patent, Trade Mark, Industrial Design, Copy Rights and Plant Variety Protection, Indonesia has established a wide-ranging system for the protection of IP over the past few years. But in spite of these efforts, there are some loopholes to […]
Malaysia - The Sale Of Goods Bearing A Trademark Over The Internet Is Recognized As Use Of The Trademark In Malaysia
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 […]
Intellectual Property Laws In Thailand And The Fashion Industry
The Thai government hopes that Thailand can become a great world trendsetter for fashion design in the near future. Although there is no specific legislation that protects fashion design, there are various Intellectual Property Rights provisions that can be called upon to secure exclusive fashion design rights as well as a general tort provision against […]