Category: Case Update
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Battle of the Satay Celup Restaurants
Ban Lee Siang restaurants – used with permission of sixthseal.com Ban Lee Siang is a well known satay celup restaurant in Melaka. It consists of two adjoining shops operated by two different owners who are brothers. The shop was started by their other brother in 1987. Although both restaurants are named “Ban Lee Siang”, they…
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Can a franchise agreement be executed before the registration of the franchise in Malaysia?
In a recent High Court case, the Court held that a licence agreement can qualify as a franchise agreement and a licensor cannot offer to sell or provide a franchise until his franchise is registered in Malaysia. Munafya Sdn Bhd v Profquaz Sdn Bhd The Defendant operates an Islamic education system or syllabus for preschool…
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Symphony Light & Sounds Services Sdn Bhd & Anor v Irwan Shah Bin Abdullah @ D.J Dave & Ors
Kuala Lumpur High Court Suit No.: S-22-1010-2007 The Plaintiffs initiated an action against Defendants for allegedly misappropriating their copyright by way of fraud and deception. The subject matters in dispute are proposals entitled “Malaysia’s 50 years an illuminating Journey”. The Plaintiffs alleged that the Defendants had secretly sent the subject matter to the Ministry of…
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Shaifubahrim Bin Mohd (as President and Council Member of Persatuan Industri Komputer dan Multimedia Malaysia (PIKOM) and representing all members of PIKOM) v EM Exhibitions (M) Sdn Bhd & Anor
Kuala Lumpur High Court Suit No: D5 – 22IP – 76 – 2010 Plaintiff is the owner of registered trade mark “PC Fair”. The Defendants in this case had used the trade mark “PC Expo” for their computer exhibition. Plaintiff initiated an action against the Defendants for trade mark infringement, passing off and breach of…
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Kuang Pei San Food Producs Public Company Limited v Wes Marketing Co Sdn Bhd (No 2)
Sabah and Sarawak High Court Suit No. S22-231-2009-III Trade mark infringement, passing off and copyright infringement of the brand SMILING FISH. Plaintiff succeeded in trade mark and copyright infringement but not passing off due to failure to prove damage. Judgement: [Download]
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B.Braun Melsungen AG & Anor v Meds Sdn Bhd & Ors
Kuala Lumpur High Court Suit No. D – 22IP – 23 – 2011 Patent infringement – interlocutory injunction – whether claim of invalidation is a serious issue to be tried – whether balance of convenience lies on the Plaintiff due to damage to goodwill and reputation – whether the Defendants, being new in the market…
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Air Cool Marketing SB v Lim Chien Wah
Kuala Lumpur High Court Suit No. D-22NCC-1249-2000 Breach of fiduciary duty by director who had operated a business using the same brand name of the company and also in competition with the company. Download: [Judgement]
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Agensi Pekerjaan Talent2 International Sdn Bhd v Kenneth Yong Fu Loong & Anor
Kuala Lumpur High Court Suit No: 22NCVC-238-2011 Confidential information – interlocutory injunction against former employee – breach of confidentiality [Download]
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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]
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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]