Foong Cheng Leong | Articles
I am an advocate and solicitor of the High Court of Malaya and a registered trade mark, industrial designs and patent agent. I am also the author of the books, Compendium of Malaysian Intellectual Property Cases consisting of two (2) volumes, namely, trade marks and copyright and industrial designs, and Foong’s Malaysia Cyber, Electronic Evidence and Information Technology Law.
-
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]
-
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…
-
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]
-
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]
-
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]
-
Trade Descriptions Act 2011
The Trade Descriptions Act 2011. Date of Royal Assent: 5 August 2011 Date of Publication in Gazette: 18 August 2011 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]
-
What happened to Teoh Beng Hock’s Right to Privacy?
First published on LoyarBurok This is perhaps one of the many issues raised in the Teoh Beng Hock Royal Commission Report (“TBHRCI”) that did not receive wide attention. I have read a few commentaries on TBHRCI but I did not see anyone raising the issue of privacy in the interrogation of Mr Teoh Beng Hock…
-
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…