In Converse Inc. v. Ramesh Ramchandani et al., Converse had elected to request an award of statutory damages after an interlocutory judgment had found Mr. Ramchandani liable for infringing Converse’s high-cut Chuck Taylor All Star canvas shoes. Accordingly, the High Court of Singapore was given the unfamiliar task of assessing the amount of statutory damages […]
Indonesia – Foreign Beverage Manufacturer Prevails!
Multi Access Limited (“Multi Access”) recently succeeded in their claim to cancel the trademark registrations of a local entrepreneur, Dhalim Soekodanu (“Dhalim”), on the ground of bad faith, pursuant to Trademark Law No. 15 of 2001, Article 4. Multi Access is the owner of numerous trademark registrations for “王老吉” which is pronounced as WONG LO […]
Philippines – Building Facade Not Registrable as Trademark
In 2009, Fun Ranch Mega Development, Inc. (Fun Ranch) filed several trademark applications for a Facade of a Building for use on children’s entertainment and amusement center. The applications were rejected by the Examiner on the ground that the mark may not be registered because it does not function as a trademark and is not […]
The Margins of Discretion in Singapore
The recent decision by the Intellectual Property Office of Singapore (IPOS) between V Hotel and Jelco Properties concerning an Application for Restoration of Trademark Application and Request for Extension of Time (EOT), shows that IPOS continues to take a stringent position with regard to procedural defaults such as an attorney’s delay in responding to IPOS […]
Enforcement Powers in Philippines
Pursuant to the recent amendments of the Philippines Intellectual Property Code (Republic Act No. 8293), the Intellectual Property Office of the Philippines (“IPOPHL”) issued Office Order No. 13-170 which provides the rules and regulations for the exercise of its enforcement functions and visitorial powers. An Intellectual Property Rights Enforcement Office (“IPREC”) was established to receive […]
Singapore - Case Commentary on Guy Neale and others v. Nine Squares
In Guy Neale and others v. Nine Squares [2013] SGHC 249, the Singapore High Court dismissed a trade mark invalidation suit and confirmed the requisite attributes for the establishment of goodwill in Singapore. The Plaintiffs in that case comprises fourindividuals and two companies which carry on business as a partnership operating the restaurant, bar and […]
Drawing a Line Between Perfume and Wine in Singapore
Tsujimoto Kenzo (“the Applicant”), the proprietor and founder of a winery called Kenzo Estate, located in California, had applied for the trademark “KENZO ESTATE” in Singapore in 2008 under Class 33 and the same was published in February 2010. Kenzo (“Opponent”), a fashion house engaged in the manufacture, sale and distribution of products like fragrances, […]
Myanmar - New Trademark Laws
The Myanmar government is aiming to introduce new intellectual property laws by early next year. Currently, trademark applications are filed in the form of a Declaration of Ownership of Trademark “DOT”, with the Deeds Registration Office. Each trademark must be filed using one DOT for each mark. The Applicants are also required to execute a […]
Singapore Sufficient Goodwill for Passing-Off Claim, Despite Sales Figures
Hai Tong Co Pte Ltd, a Singapore company, is engaged in the business of importing, exporting and distributing cosmetic products under the LADY ROSE brand and has registered that mark in Class 3. Ventree Singapore Pte Ltd imported ROSE LADY brand cosmetic products from VOV Cosmetics in South Korea and distributed the products in Singapore. […]
IP Protection in Vietnam: Government Tightens Enforcement Against Counterfeiting
In Vietnam, the regulatory system to protect intellectual property rights was first put in place in 2005 through the Law on Intellectual Property. However, over the years, inherent deficiencies and administrative loopholes have severely undermined the efficacy of the system and made it difficult for the owners of IP rights and the authorities alike to […]