Foong Cheng Leong

Category: Case Update

  • Positive Well Marketing Sdn Bhd v OKA Concrete Industries Sdn Bhd

    Kuala Lumpur High Court Suit No: D – 22IP – 14 – 2010 Patent infringement – invalidation based lack of novelty and inventive steps [Download]

  • B. Braun Melsungen AG & Anor v Terumo Kabushiki Kaisha & Anor

    Kuala Lumpur High Court Suit No: D5(IP)-22-2374-2008 Patent infringement – invalidation based on lack of novelty and inventive step [Download]

  • Online Defamation: The need for proper evidence

    Nagandran Kalianna Gaundar (berniaga dibawah RAJU RESTOREN) v.Melinda Alison Monteiro & Ors GUAMAN NO: S4-23-42-2003 In this case, the Plaintiff sued the Defendants for an email containing defamatory statements allegedly sent out by the 1st Defendant and published to third parties. It was disputed that the e mail was sent out by 1st Defendant and…

  • Sherrina Nur Elena bt Abdullah v Kent Well Edar Sdn Bhd

    Kota Kinabalu High Court Suit No.: K22-187-2009-I The Plaintiff, who was a beauty queen, sued the Defendant for publishing, without consent, her photograph and image appearing on packaging of the Defendants’ products, particularly packages of rice being displayed and sold in various retail shops, grocery stores, supermarkets and hypermarkets in Kota Kinabalu. The Plaintiff also…

  • Stemlife Berhad v Bristol-Myers Squibb (M) Sdn Bhd & Arachnid Sdn Bhd

    First published on 10 August 2009 CIVIL SUIT NO S6-23-95-2008 (HC) Arachnid Sdn Bhd (“Arachnid”) provides web development and related services. In 2003, Bristol-Myers Squibb (M) Sdn Bhd (“Bristol-Myers”) engaged Arachnid to set up a website, www.meadjohnsonasia.com (“the website”). Arachnid thereafter also provided maintenance services for the website. The website hosts a forum known as…

  • Philip Morris Products SA v Ong Kien Hoe & Ors

    First published on 22 October 2009 CIVIL SUIT NO S6-23-95-2008 (HC) Philip Morris Products SA (“Philip Morris”) is a manufacturer and distributor of cigarettes and tobacco products under the trade mark of ‘MARLBORO’ throughout the world and the proprietor of the registered trade mark “MARLBORO” in Malaysia. On 10 September 2002, the officers of the…

  • Suria KLCC Sdn. Bhd. v Makamewah Sdn. Bhd.

    First published on 10 December 2009 CIVIL SUIT NO K22-22 OF 2009-II (HC) Suria KLCC Sdn. Bhd. (“Suria KLCC”) has been the registered proprietor of the trade marks “Suria KLCC”, “Suria KLCC & Swirl device” and the “Swirl device” in Class 35 and 36 under the Trade Marks Act 1976. Suria KLCC is engaged, among…

  • Lew Cher Phow @ Lew Cha Paw & Ors v Pua Yong Yong & Anor

    First published on 10 March 2010 (Johor Bahru High Court Suit No. MT4-22-510-2007) In this case, the Plaintiffs and the Defendants were neighbours. The High Court had dismissed an application by the Plaintiffs who applied for an order for interlocutory injunction to restrain the Defendants from installing any CCTV cameras at the Defendants’ house which…

  • Giordano defeats Giordano

    Published on 14 September 2010 Walton International Limited v Yong Teng Hing B/S Hong Kong Trading Co & Anor (Civil Appeal No: W-02-685-2008) The appellant is the registered proprietor of “GIORDANO” trade mark and other related trade marks in Class 25 (for garments and wearing apparels; jeans, T-shirts, pouch, accessories, trousers, clothing, footwear and headgear…

  • ChipsMore v Chipsplus: Now you see it, Now you don’t.

    Published on 30 July 2010 DANONE BISCUITS MANUFACTURING (M) SDN BHD v. HWA TAI INDUSTRIES BHD The Plaintiff carries out the manufacture, distribution and sale of, among others chocolate chip cookies bearing the trade mark ChipsMore. The ChipsMore cookies have been sold in Malaysia since 1990 and are also exported to other countries in the…