Tag: malaysia passing off
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Let’s Get hIP 2012
I will be moderating this talk on recent substantive changes in the arena of Intellectual Property (“IP”) legislation and case law, which include “Safe Harbour” provisions, registration of works and its impact on protection and enforcement, expedited registration process, new mechanisms in enforcing a Trade Description Order (“TDO”), introduction/revisions to procedural steps in protection 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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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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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…