News

  • INDONESIA: OFFICIAL FEES TO INCREASE BEFORE THE END OF 2017

    Recently, the Government of the Republic of Indonesia is set to increase the official fees for patent, trade mark, industrial design and copyright matters carried out by the Directorate General of Intellectual Property of Indonesia. The draft fees which were only announced on 15 August 2017 are expected to be in force before the end of 2017. At... more
  • VIETNAM: NOIP TO ADOPT 11th EDITION OF THE NICE CLASSIFICATION

    In the most recent news as announced by the National Office of Intellectual Property in Vietnam, (NOIP), effective this 1 October 2017, all goods and/or services for trade mark applications filed in Vietnam will be classified in accordance to the 11th Edition of the International Classification of Goods and Services for the purposes of the... more
  • SINGAPORE: MYSTERY SET

    This case deals on whether the use of a trade mark only in references to invoices would constitute as “use” per the Singapore Trade Marks Act. In this revocation proceeding before the IPOS, the Applicants sought to revoke the trade mark "MYSTERY SET" (hereinafter be referred as “the subject mark”) on the ground of non-use. The date of... more
  • SINGAPORE: WARNER-LAMBERT TAKES ON NOVARTIS (SINGAPORE)

    The appeal arises from the dispute of two pharmaceutical giants, Warner-Lambert Company LLC (hereinafter referred to as “Warner-Lambert”) and Novartis (Singapore) Pte Ltd (hereinafter referred to as “Novartis”). The subject matter refers to a pharmaceutical patent owned by Warner-Lambert which monopolises the use of a substance known as... more
  • SINGAPORE: THE FACESHOP CO LTD V CONSOLIDATED ARTISTS BV

    The mark “MANGO” by Consolidated Artists BV (Opponent) has been registered in various classes and it is considered as a well-known mark among the public in Singapore. However, their effort to maintain the exclusivity of the word “MANGO” in any mark in relevance to facial and skin preparations, cosmetics, soaps and fragrances in class 3 was... more
  • MALAYSIA: LONGCANE INDUSTRIES’ TRADE MARKS EXPUNGED

    In the case of Lim Teck Lee (Malaysia) Sdn. Bhd. vs, Longcane Industries Sdn. Bhd., Lim Teck Lee (Malaysia) Sdn. Bhd. (hereinafter referred to as the “Plaintiff”) applied to expunge trade mark registration no. 06023307 in Class 21 and trade mark registration no. 09007210 in Class 09 bearing a distinctive yellow elephant mark in the name of... more
  • MALAYSIA: THE 2-IN-1 TRIAL

    In the case of Doretti Resources Sdn Bhd v Fitters Marketing Sdn Bhd & Ors, the Plaintiff claimed that the Defendants had infringed the Plaintiff’s mark “PYRO” in their 1st suit and a counterclaim from the 1st suit was filed by “Fitters Marketing and Pyro-tech to remove the Plaintiff’s mark from the Register. The 3rd, 4th and 5th... more
  • MALAYSIA: “GS” v “GiSi” – BATTLE OF BATTERY GIANTS

    In the case of GS Yuasa Corporation v GBI Marketing Malaysia Sdn Bhd, GS Yuasa Corporation (hereinafter referred to as the “the Plaintiff”) applied to expunge the trade mark, “GISI Premium High Power” for goods in Class 09 in the name of GBI Marketing Malaysia Sdn Bhd (hereinafter referred to as the “the Defendant”) from the Register... more
  • SINGAPORE: CHANGES TO PATENT AND TRADEMARK LEGISLATIONS

    Applicants who wish to file an international application under the Patent Corporation Treaty (PCT) with the Intellectual Property Office of Singapore (IPOS) as the receiving office, may wish to be advised of the following. Prior to 1 January 2017, applicants were only permitted to file applications in the English language. As of 1 January... more
  • Adipven is Expanding

    As you are well aware, Adipven was founded on 2 January 2012. Over the last five years, it has serviced clients from all around the world and has been consistently recognized by clients as one of the best if not the best intellectual property consultancy and commercialisation firm. The firm’s team of talented and committed lawyers, patent... more
  • MALAYSIA: DISPUTE BETWEEN OIL AND INK

    In X1R Global Holding Sdn Bhd and X1R Global Sdn Bhd v Y-TEQ Auto Parts (M) Sdn Bhd, the High Court of Malaya in Kuala Lumpur allowed the Plaintiffs’ claims against Defendant. X1R Global Holding Sdn Bhd (hereinafter be referred as “the 1st Plaintiff”) is the proprietor of trade mark, “X1R”, bearing the Malaysian Trade Mark... more
  • Singapore: Apple’s Trade Mark Sherlock Revoked

    In the matter of Apple Inc (‘Apple’) and Bigfoot Internet Ventures Pte Ltd (‘Bigfoot’), it was uncovered that companies offering post-sale software support provided online could possibly satisfy the ‘evidence of use’ test required under the Trade Marks Act in Singapore. However, the underlying rule in this case is that if a company... more
  • NEW YEAR WISHES FROM THE MANAGING DIRECTOR

    Dear respected clients and associates, As 2016 bids its goodbye, I would like to thank everyone who have consulted Adipven for your intellectual property matters this year. I am proud to inform you that Adipven has expanded greatly since our entrance into the business five years ago. Our colleagues are a great team of people who work on every... more
  • MALAYSIA – THE VELLUX FIGHT

    In the case of NCTech Int Bhd v NCV Technologies Sdn Bhd & Ors, the dispute in issue was over a trade mark infringement. The Plaintiff, NCTech Int Bhd, claimed that the Defendant, NCV Technologies Sdn Bhd and Other Parties, have infringed their trade mark “Vellux“ which they acquired through the law of passing off. The trade mark... more
  • MALAYSIA – THE PYRO TRADE MARK CASE

    In the case of Doretti Resources Sdn Bhd v Fitters Marketing Sdn Bhd & Ors, it was concerning a trade mark dispute. The issue was whether the 3rd Defendant has supplied goods which infringed the Plaintiff’s registered trade mark. The Plaintiff was granted an Anton Piller Order against the 3rd Defendant. The Order was authorised for the 3rd... more
  • INDONESIA: AMENDMENTS OF THE TRADE MARK LAW 2016

    Recently, the Indonesian House of Representatives has passed amendments to Indonesian trade mark law. The amended trade mark law came into force on 10 November 2016. There are several amendments that we would like to highlight as the new laws will significantly affect the applicants and their respective applications. To begin with, the most... more
  • MALAYSIA: MALAYSIAN COMPANY TOOK ON US COMPANY

    In the case of Huan Schen Sdn. Bhd vs SRAM, LLC, Huan Schen Sdn. Bhd,., the Plaintiff – a Malaysian company that sells bicycles, bicycle spare parts and accessories had filed an originating summons (OS) against SRAM, LLC - a US-based company. Plaintiff’s trade mark contains the word “SRAM” which is the Defendant’s company’s name... more
  • MALAYSIA: REGISTRAR CANNOT APPLY TO SET ASIDE SUBPOENAS

    In the case of World Grand Dynamic Marketing Sdn Bhd v Fjvaa Spa Sdn Bhd & Ors, the High Court of Malaya in Kuala Lumpur has decided that the Registrar of Trade Marks (Registrar) cannot apply to Court to set aside subpoenas which have been issued to the Registrar. In this case, the facts of the case showed that the Plaintiff applied to the... more
  • SINGAPORE – FAUX CALVIN

    In the case of Calvin Klein, Inc and another v HS International Pte Ltd and others SGHC 214, leading fashion designer Calvin Klein had sued Singapore-registered Global PSM for trademark infringement after investigators bought fake Calvin Klein goods including wallets and underwear online on the SGbuy4u website. In the end, the operator of local... more
  • MALAYSIA – BAIK TRADE MARK

    In the case of Al Baik Fast Food Distribution Co SAE v El Baik Food Systems Co S A, and Another Appeal, the dispute in issue was over the similar trade mark “Baik”. In the 76 pages of the judgment delivered by Hamid Sultan Bin Abu Backer JCA, there were many issues that were discussed and these issues are seen to provide a new perspective on... more
  • OUR PATENT ATTORNEY AISYAH WON THE BEST PAPER AWARD

    As a research graduate, I had come across many research studies that are very novel in terms of theories and practicalities. Knowing the importance of intellectual property towards the novel inventions, it has brought me to Adipven (M) Sdn. Bhd. Here, I was given the opportunities to develop and enhance my skills as an IP Associate and I... more
  • THAILAND – AMENDMENTS TO TRADE MARK ACT

    On 28 July 2016, Thai Trademark Amendment Act B.E. 2559 has come into force. There are several key amendments that we would like to highlight as they bring significant effect to the changes on trade mark applications and how applicants can protect their trade marks. The amended Act has provided many changes. Sound mark is a new addition to the... more
  • MALAYSIA: A KRAFTY MATTER, A CONTINUATION

    Previously, the Intellectual Property Corporation of Malaysia (MyIPO) has rejected a trade mark application by Kraft Foods Shweiz Holding GmbH. The trade mark is: The decision was based on the reasons that the trade mark did not fulfil the requirements of Section 10(1)(d) and (e) of the Trade Mark Act 1976 and that the trade mark did not fall... more
  • MALAYSIA – A CAT FIGHT

    This is a case concerning the use of the mark “FUSSIE CAT” and the law of passing off as decided by a High Court of Malaya at Kuala Lumpur. The First Plaintiff is a company incorporated in Singapore and is in the business of manufacturing and distributing products relating to pets/animals, which includes animal food, litter, accessories,... more
  • INDONESIA: MASSIVE AMENDMENTS TO THE PATENT LAW

    On 28 July 2016, the proposal to amendment of Indonesian Patent Law was passed. It was to be effective starting from 28 August 2016, to replace the previous Law No. 14 Year 2001 on Patents. There are several key amendments that we would like to highlight as they bring significant effect to the patent applicants and owners. Firstly, the changes... more
  • MALAYSIA: THE FIGHT OVER “OVERSEAS”

    In the case of Restoran Oversea Holdings Sdn Bhd v Overseas Seafood Restaurant Sdn Bhd, Restoran Oversea Holdings Sdn Bhd (hereafter referred to as “the Plaintiff”) had filed for a legal action to claim damages and to injunct Overseas Seafood Restaurant Sdn Bhd (hereinafter referred to as “the Defendant”) from continuing with the passing... more
  • MALAYSIA: OISHI V OISHI, THE BATTLE CONTINUES

    In the case of Liwayway Marketing Corporation v Oishi Group Public Company Limited, Liwayway Marketing Corporation, appealed against the High Court’s decision to expunge their trade mark “Oishi”. Readers of our newsletters will surely recall that we have previously reported that in the High Court, Oishi Group Public Company Limited had... more
  • MALAYSIA: LATEST UPDATES ON PATENT PROSECUTION MATTERS

    On 1 June 2016, the Intellectual Property Corporation of Malaysia (MyIPO) has issued three practice directions on amendments to patent applications, divisional applications and recording a filing date for patent applications. Amendments to patent applications that receive clear substantive examination report as the first office action For... more
  • MALAYSIA: A “SWISS” STORY INDEED

    In Maestro Swiss Chocolate Sdn. Bhd. v Chocosuisse Union Des Fabricants Suisses De Chocolat, Kraft Food Schweiz AG and Nestle Suisse S.A., the Federal Court of Malaysia dismissed the appeal filed by the Appellant and allowed the appeal filed by the Respondents. Maestro Swiss (hereinafter be referred to as “ the Appellant”) manufactures and... more
  • SINGAPORE: PROMEDIA SUCCEEDS IN A COPYRIGHT INFRINGEMENT CASE

    In the case of Global Yellow Pages Ltd v Promedia Directories Pte Ltd SGHC 09, the Singapore High Court dismissed Plaintiff’s claim and the Defendant had succeeded in its counterclaim for groundless threat of suit. Global Yellow Pages Ltd (hereinafter referred to as “the Plaintiff”) publishes telephone directories in Singapore. The... more
  • MALAYSIA – PLAINTIFF SUCCEEDS IN DESIGN INFRINGEMENT AND PASSING-OFF CASE

    In the case of Alpha Home Appliance Sdn. Bhd. v NSB Home Appliance and NSB Lighting Sdn. Bhd, the High Court allowed the Plaintiff’s claim and the Defendants’ counterclaim is dismissed with costs. By way of background, Alpha Home Appliance Sdn. Bhd. (hereinafter referred as Plaintiff) a company incorporated in Malaysia and deals with the... more
  • MALAYSIA: COPYRIGHT AND PASSING OFF ACTION DECIDED BY HIGH COURT

    Public Performance Malaysia & Tan Ngiap Foo v Prism Berhad is a copyright infringement and passing off claim before the High Court of Malaya in Kuala Lumpur. Public Performance Malaysia Sdn. Bhd. (hereinafter referred as “the First Plaintiff”) is a declared licensing body under the Copyright Act 1987 and has the mandate and... more
  • MALAYSIA: SKB’S APPEAL DISMISSED BY THE FEDERAL COURT

    This is the Appellant’s appeal against the whole of the decision of the Court of Appeal in allowing the Respondents’ appeal against the decision of the High Court of Kuala Lumpur and this appeal is therefore dismissed by the Federal Court with costs. SKB Shutters Manufacturing Sdn. Bhd. (hereinafter referred to as “the Appellant”) is... more
  • MALAYSIA: APPEAL DISMISSED BY THE FEDERAL COURT

    In the case of Mesuma Sports Sdn. Bhd. v Majlis Sukan Negara Malaysia, the Federal Court in Malaysia dismissed the appeal with cost due the facts that Mesuma Sports was the first user of the tiger stripes. Majlis Sukan Negara Malaysia (hereinafter referred as “the Respondent”) is a statutory body established under the provisions of the... more
  • MALAYSIA: COURT OF APPEAL HELD PATENT VALID

    The appellants in Yeohata Machineries Sdn. Bhd. & Anor v Coil Master Sdn. Bhd. appealed against the decision of the High Court which dismissed the appellants’ claim that the Defendants infringed the Malaysian Patent no. MY-125572-A (hereinafter be referred “the Patent”) and which allowed the respondents’ counterclaim to invalidate the... more
  • MALAYSIA: RATO TRADE MARK AND COPYRIGHT OWNERSHIP DISPUTE DECIDED

    In the case of Chongqing Rato Manufacturing Corporation v MP Machinery (M) Sdn. Bhd., the Malaysian High Court allowed the Plaintiff’s claims to expunge the registration of the Defendant’s trade mark. Chongqing Rato Manufacturing Corporation (hereinafter referred as “the Plaintiff”) was incorporated on 1 June 2007 in China under the... more
  • MALAYSIA: NATIONAL NEWS AGENCY GIVEN CHANCE TO FILE DEFENCE

    Borneo Rainforest Lodge v Bernama is a copyright claim in the High Court in Kota Kinabalu, Malaysia. The Plaintiff, Borneo Rainforest Lodge, obtained judgment in default of appearance against the Defendant, Bernama, which is the Malaysian national news agency. The Defendant filed an application to set aside or vary the judgment based on the... more
  • MALAYSIA: USA PRO SUCCEEDS IN CANCELLING USAPRO TRADE MARK

    This article relates to USA PRO IP Limited v Monfort Services Sdn. Bhd. and Registrar of Trade Marks is a trademark dispute in the Kuala Lumpur High Court. USA PRO IP Limited (hereinafter be referred as “the Plaintiff”) is a company incorporated in England and is in the business of manufacturing, distributing, supplying, selling and... more
  • MALAYSIA: SANTA BARBARA POLO & RACQUET CLUB TRIUMPHS IN BATTLE OF POLOS

    This article is based on the decision of the High Court of Malaya in Kuala Lumpur involves between BRG Brilliant Rubber Goods (M) Sdn. Bhd. (“hereinafter referred as “the Plaintiff”) which is a company incorporated in Malaysia who has been manufacturing and selling a wide range of goods under its registered  mark in Classes 25 and 28 in... more
  • MALAYSIA: PARLIAMENT V PARLIAMENT

    In the case of Philip Morris Brands SARL v Rothmans Brands Sdn. Bhd., the Malaysian High Court allowed the Plaintiff’s claims for non – use of the ‘Parliament’ trade mark by the Defendant. Philip Morris Brands SARL (hereinafter referred as “the Plaintiff”) is a company incorporated in Switzerland and is part of the Philip Morris... more
  • SINGAPORE: IPOS DEFINES THE TERM USE OF MARK

    In this trade mark revocation hearing before the Hearings and Mediation Group of the Intellectual Property Office of Singapore (IPOS), Lisbeth Enterprises Limited (hereinafter be referred as “the Applicant”), filed an application for revocation of a trade mark on the grounds of non-use. The subject mark was registered in the name of Procter... more
  • SINGAPORE: CONVERSE FAILS IN OPPOSITION PROCEEDINGS

    In the opposition hearing of a trade mark application by Southern Rubber Works Sdn. Bhd. (hereinafter be referred “the Applicant”), opposed by Converse Inc. (hereinafter be referred “the Opponent”), the Intellectual Property Office of Singapore (hereinafter be referred as “IPOS”) has reiterated the requirements for opposing a trade... more
  • SINGAPORE: POLO/LAUREN TAKES ON THE MIGHTY USPA

    In opposition proceedings involving Singapore-based Polo/Lauren Company, L. P. v United States Polo Associates, the Intellectual Property Office of Singapore (IPOS) has refused registration of Singapore Trade Mark Application No. T1215440A in Class 09 filed by United States Polo Association. United States Polo Association (“the Applicant”)... more
  • MALAYSIA: STICKY ISSUES

    In the case of Angel Candies Sdn. Bhd. v Loo Yan Wah & I Candy Studio Sdn. Bhd. & Mah Wing Hong, the High Court of Malaya in Shah Alam held that the defendants must paid costs amounting to RM40,000.00 to the plaintiff. By way of background, Angel Candies Sdn. Bhd. (hereinafter referred as “the Plaintiff”) is a private company... more
  • MALAYSIA: CONSENT ORDER REVISITED

    This article is based on the decision of High Court of Malaya in Kuala Lumpur involves between X1R Global Holdings previously known as Quantum Global Far East Sdn. Bhd. with X1R Global Sdn. Bhd. and Y-TEQ Auto Parts (M) Sdn. Bhd. and Registrar of the Trade Marks, Malaysia. X1R Global Holdings (hereinafter be referred as “the 1st Plaintiff”)... more
  • MALAYSIA: USE OF TRADEMARK DEFINED

    In NCTECH INT BHD. v NCV TECHNOLOGIES SDN. BHD., the High Court of Malaya in Kuala Lumpur ruled on the application of the word “use” in the context of trademark law as defined in Section 3(2) of the Trade Marks Act 1976. It is an application for leave to commence committal proceedings against the Defendant for non-compliance with an ad... more
  • MALAYSIA: COLLIERS TRADE MARK IN DISPUTE

    Colliers International Property Consultants Inc. v Colliers International Property Consultants Sdn. Bhd. is a trade mark dispute before the High Court of Malaya in Kuala Lumpur. The Plaintiff (Colliers International Property Consultants Inc.) is the owner of two registered trade marks, “Colliers” and the Collier Logo  in class 36... more
  • SINGAPORE: AMC IN DISPUTE

    In the case of The Audience Motivation Company Asia Pte Ltd v AMC Live Group China (S) Pte Ltd, the Singapore High Court dismissed the Plaintiff’s claims for infringement and passing off. The Audience Motivation Company Asia Pte Ltd, (hereinafter referred to as “the Plaintiff”) is a Singapore company. The Plaintiff is in the business of... more
  • SINGAPORE: MANCHESTER IS MORE THAN A FOOTBALLING CITY

    Jamal Abdulnaser Mahmoud Al Mahamid v Global Tobacco Manufacturers (International) Sdn. Bhd. is an interesting trade mark dispute before the High Court of Singapore. The parties in this case each chose “Manchester” as the name of their respective brand of cigarettes. Both of them registered their trade marks in Singapore with the use of the... more
  • MALAYSIA: OISHI VS OISHI

    This article is based on the decision of High Court of Malaya in Kuala Lumpur, which has considered the scope and application of Sections 45 and 46 of the Trade Marks Act 1976 (hereinafter be referred as “the Act”) . Oishi Group Public Company Limited (hereinafter be referred “the Plaintiff”) is a public company... more
  • MALAYSIA: HANSA PART v HANSA

    In the case of Solid Corporation Sdn Bhd v Registrar of Trade Marks Malaysia & Yuen Sun Rubber Manufacturing Co. Sdn Bhd, the High Court of Kuala Lumpur held that Yuen Sun Rubber Manufacturing Co. Sdn Bhd’s trade mark is confusing or deception to the public under Section 14(1)(a) and 19(1) of the Trade Marks Act 1976. Solid Corporation... more
  • MALAYSIA: MONIER or LA MONIEER?

    A recent dispute involving trade marks of “MONIER” and “LA MONIEER” sparked a myriad of issues including trade mark infringement, passing off and copyright infringement heard at the High Court of Kuala Lumpur. Monier Malaysia Sdn. Bhd., Monier Sdn. Bhd. and Redland Engineering Limited (hereinafter referred to as the Plaintiffs) belong... more
  • BRUNEI: RE-REGISTERED PATENT TERM DEFINED BY COURT

    A recent case of dispute in the High Court of Brunei relates to a declaration of non-infringement patent matter lead to an escalation of its appeal to the Court of Appeal of Brunei. This case involved Winthrop Pharmaceuticals (M) Sdn. Bhd. and Shionogi Seiyaku Kabushiki Kaisha. Winthrop Pharmaceuticals (M) Sdn. Bhd. sought an application for... more
  • MALAYSIA: FEDERAL COURT RULED ON SCOPE OF SECTION 42 OF THE COPYRIGHT ACT

    In the case of Dura-Mine Sdn. Bhd. v Elster Metering Limited and George Kent (Malaysia) Berhad, the Federal Court has recently examined the scope and application of Section 42 of the Copyright Act 1987 (hereinafter be referred as "the Act"). First and foremost, it is appropriate to reproduce Section 42 of the Act here: 42. (1) An... more
  • MALAYSIA: ST. JOHN’S TRADE MARK HELD TO BE INFRINGED

    In the case of St. John Ambulans Malaysia v PJ Uniform Sdn. Bhd., the High Court of Malaya in Shah Alam, found that PJ Uniform Sdn. Bhd. had infringed the registered trade mark of St. John Ambulans Malaysia (the “SJAM” emblem). St. John Ambulans Malaysia (hereinafter referred as the Plaintiff) is a statutorily incorporated body... more
  • Asia IP PPH Story

    We are pleased to inform you that recently our Senior Associate Ms. Chien Nee Yew has been interviewed together with our experts from around Asia on Patent Prosecution Highway (PPH) issue. Please read the article... more
  • MALAYSIA: HI-M v MYHA 2010

    In the case of Hamirudin Hashim v Khairul Annuar Mansor and Mohamad Arif Abdul Rashid, the High Court in Kuala Lumpur had dismissed Mr. Hamirudin Hashim’s claim of RM15000.00 due to failure to prove on balance of probabilities against Mr. Khairul Annuar Mansor and Mr. Mohamad Arif Abdul Rashid. By way of background, Mr. Hamiruddin Hashim... more
  • SINGAPORE: TRADE MARK INFRINGEMENT OF KIT KAT

    This is an article about an interesting case of Societe Des Produits Nestlé SA and another v Petra Foods Ltd and another. Societe Des Produits Nestlé SA (hereinafter referred as “the 1st Plaintiff”) is a public company incorporated in Switzerland and Nestle Singapore (Pte) Ltd (hereinafter referred as “the 2nd Plaintiff”) is a company... more
  • SINGAPORE: INVALIDATION PROCEEDINGS AGAINST TRADE MARKS

    In the case of Guy Neale and others v Nine Squares Pty Ltd, the Court of Appeals in Singapore held that Singapore marks were merely held on an express trust by Nine Squares. By way of background, Mr. Neale and others including Aki, Kadek, WH Trading and WH Investments (hereinafter referred as “the Appellants”) ran a famous restaurant in... more
  • MALAYSIA: MyIPO HAS STARTED PILOT A PPH/PCT-PPH PROGRAM WITH JPO

    We are pleased to inform all of our clients and associates that effective from 1 October 2014, the Intellectual Property Corporation of Malaysia (MyIPO) has started a pilot Patent Prosecution Highway (PPH) and Patent Cooperation Treaty-PPH (PPH/PCT-PPH) program with the Japan Patent Office (JPO). The pilot program will be for a period of three... more
  • MALAYSIA: FUKUYAMA’S MALAYSIAN PATENT IS REVOKED

    In the case of Fukuyama Automation Sdn. Bhd. v Xin Xin Engineering Sdn. Bhd. and Wong Thiam Fook, the High Court of Malaya in Shah Alam, Selangor Malaysia held that the Fukuyama’s Malaysian Patent to be lacking novelty and held that the Patent was invalid. Fukuyama Automation Sdn Bhd. (hereinafter referred to as “the Plaintiff”), is a... more
  • MALAYSIA: OPPOSITION AGAINST RATO TRADE MARK DISMISSED

    In the case of MP Machinery (M) Sdn. Bhd. v Chongqing Rato Power Co. Ltd., the Intellectual Property Corporation of Malaysia (MyIPO) dismissed the opposition filed by Chongqing Rato Power Co. Ltd. even though Chongqing Rato Power Co. Ltd. has registered similar trade marks in other countries. M P Machinery (M) Sdn. Bhd, (hereinafter referred... more
  • SINGAPORE: FOX V FOX

    In opposition proceedings involving Singapore-based Fox Street Wear Pte Ltd and United States-based Fox Racing, Inc, the Intellectual Property Office of Singapore (IPOS) has refused registration of Singapore Trade Mark Application No. T05/03947C in Class 18 filed by Fox Street Wear Pte Ltd. Fox Street Wear Pte Ltd (“herein referred as the... more
  • ADIPVEN IS MALAYSIA’S LEADING ADVISER (AGAIN!)

    We are very proud to inform all our clients and associates that ADIPVEN (M) Sdn. Bhd. has been awarded as the Leading Adviser of the Year for Malaysia by Acquisition International, United Kingdom. This prestigious award has been awarded to our firm two years in a row. This is a very proud moment for everyone in ADIPVEN and confirms our commitment... more
  • SINGAPORE: POST-GRANT AMENDMENTS

    In the case of Genpharm International Inc v Lonza Biologics Tuas Pte Ltd, the Intellectual Property Office of Singapore (IPOS) awarded costs of S$475.00 against the Applicant with S$300 for interlocutory proceedings and S$175 for attendance at the proceedings. The correction made in Table 17 in the patent specification was accepted and other... more
  • SINGAPORE: THAT IS ONE ANGRY BIRD

    A recent case decided by Intellectual Property of Singapore (IPOS) in relation to dispute concerning a registered trade mark application filed by Kimanis Food Industries Sdn. Bhd. and opposition by Rovio Entertainment. Kimanis Food Industries Sdn. Bhd. (hereinafter referred to as “the Applicant”) applied to register a trade mark  in Class... more
  • MALAYSIA: TIGER ATTACKS

    In the case of Mesuma Sports Sdn. Bhd. v Majlis Sukan Negara Malaysia, the Court of Appeals in Malaysia dismissed the appeal with cost due the facts that, among others, that the trade mark application filed by Mesuma Sports was made under bad faith and that Majlis Sukan Negara Malaysia had already registered a similar trade mark prior to the... more
  • MALAYSIA: BROTHERS FIGHT OVER TRADE MARK “BAN LEE SIANG”

    In the case of Chua Cheng Kuat v Chua Cheng Ho, the High Court of Melaka, held that the Chua Cheng Kuat had failed to prove the claims made against Chua Cheng Ho. Chua Cheng Kuat (hereinafter referred to as “the Plaintiff”) is the sole owner of a restaurant in the name of “Ban Lee Siang Restaurant” since 1997. The Plaintiff’s... more
  • MALAYSIA: DOCTRINE OF RES JUDICATA

    Built Prospect Trading (hereinafter referred to as “Plaintiff”) had previously filed an action against Mr. Chong Chee Siong (hereinafter referred as “the 1st Defendant”) and Deltric Sdn. Bhd. (hereinafter referred as “the 2nd Defendant”) at the High Court of Malaya, Kuala Lumpur claiming that 1st Defendant breached the contract of... more
  • ADIPVEN IS A MEMBER OF INTERNATIONAL REFERRAL

    ADIPVEN is proud to announce that it is now officially made as a member of International Referral (IR) for trade mark and copyright. IR prides itself as the world's largest group of advisers featured exclusively by practice area expertise. This ensures clients can find the best specialist adviser for their requirements. The group is renowned... more
  • SINGAPORE: THE ELONGATED “P” MEETS ITS TWIN

    A recent case of Tao, Hsiu-Chih v Pirelli & C. S.P.A, involved a dispute between two parties whereby Tao, Hsiu-Chih filed an application for trade mark registration and opposition thereto by Pirelli & C. S.P.A. Tao, Hsiu-Chih (hereinafter referred to as ‘‘the Applicant’’) applied to register a trade mark device... more
  • SINGAPORE: THE ELECTRIFIED STORM WAR BETWEEN SEIKO AND SEIKI

    A recent case decided by Intellectual Property of Singapore (IPOS) in relation to dispute concerning a trade mark application filed by Choice Fortune Holdings Limited and opposition by Seiko Holdings Kabushiki Kaisha(trading as Seiko Holdings Corporation). Choice Fortune Holdings Limited (hereinafter referred to as ‘‘the Applicant’’)... more
  • SINGAPORE: DELAY DEFEATS LITERAL APPROACH OF STATUTORY RULES

    In the case of V Hotel Pte. Ltd. v Jelco Properties Pte. Ltd., Intellectual Property of Singapore (IPOS) after having all grounds of opposition examined followed by a proceeding of jurisdiction consequently held in favor of Jelco Properties Pte Ltd. On 5 August 2010, V Hotel Pte. Ltd. (hereinafter referred to as ‘‘the Applicant’’)... more
  • SINGAPORE: MARTINI ON THE ROCK

    A recent case decided by the Intellectual Property Office of Singapore (IPOS) that relates to a dispute concerning trade mark registration by Barcardi & Company Limited and application for revocation and invalidation by G3 Enterprises. Inc. G3 Enterprises, Inc. (hereinafter referred as “the ‘Applicant’’) had applied to register a... more
  • SINGAPORE: STARWOOD VS STAYWELL

    In the case of Staywell Hospitality Group Pty Ltd v Starwood Hotels & Resorts Worldwide, Inc. and  another and another appeal, after going through a lengthy process of jurisdiction, the Intellectual Property Office of Singapore (IPOS) held that Starwood Hotels & Resorts Worldwide, Inc. succeeded in the opposition proceeding on grounds of... more
  • SINGAPORE: A ACE MARK HELD VALID

    The case of Sin Fatt Industrial Co. Sdn. Bhd. v Star Industrial Company Limited had illustrated some important dictum to be appreciated in Singapore in the future. Sin Fatt Industrial Co. Sdn. Bhd., a Malaysian company (hereinafter referred to as ‘‘the Applicant’’) had file two applications to register the two sided stylized mark A ACE... more
  • MALAYSIA: TRADE MARK BATTLE BETWEEN MANUFACTURER AND DISTRIBUTOR

    This is an interesting case about trade mark registration involving a manufacturer based in Germany and its’ distributor in Malaysia. Wieland Electric GmbH (hereinafter referred to as “the Plaintiff”) filed an originating summons in the High Court of Malaya at Kuala Lumpur seeking several declaratory orders against the Industrial... more
  • MALAYSIA: COURT OF APPEALS HELD THAT ROLLING DOOR PATENT NOT INFRINGED

    This is an appeal against the decision of High Court of Malaya at Kuala Lumpur in relation to a patent infringement action between SKB Shutters Manufacturing Sdn. Bhd. and Seng Kong Shutter Industries Sdn. Bhd. and one Mr. Kooi Lam Tan. The High Court held that patent no. MY-128431-A valid and that Seng Kong Shutter Industries and Mr. Tan to be... more
  • MALAYSIA: “THE WORKS” COPYRIGHT

    In the case of Microsoft Corporation v Conquest Computer Centre Sdn. Bhd., the High Court of Malaysia at Kuala Lumpur ordered an injunction against Conquest Computer Centre preventing it from infringing Microsoft Corporation’s copyright in artistic works involving computer programs Microsoft Office Starter 2010 and Microsoft Window 7 Home... more
  • MALAYSIA: IPR MARKETPLACE PORTAL HAS BEEN LAUNCHED

    Intellectual Property Corporation of Malaysia (MyIPO) on 27 June 2014 launched the IPR Marketplace portal as an initiative to connect individuals, investors and businesses in commercialisation of their intellectual property (IP) rights. MyIPO said that the IPR Marketplace portal is a pioneer platform to provide opportunities for investors and... more
  • INDONESIA: OFFICIAL FEES HAVE BEEN INCREASED EFFECTIVE 3 JULY 2014

    We would like to inform you that Indonesia has enacted Government Regulation No. 45 of 2014 and effective 3 July 2014, all official fees related to all legal matters in Indonesia, including but not limited to patent, trade mark, industrial design and copyright matters have been increased. We are currently waiting for the Indonesian Patent,... more
  • SINGAPORE: MARTY’S IS NOT SIMILAR TO SMARTIES

    In the case of Liwayway Marketing Corporation v Societe Des Produits Nestle S. A., the Intellectual Property Office of Singapore (IPOS) held that Societe des Produits Nestle S. A. failed in proving their grounds both written and oral. Liwayway Marketing Corporation (hereinafter referred to as “the Applicant”) had applied for a multi-class... more
  • SINGAPORE: L.12.12 TRADE MARK SURVIVED OPPOSITION PROCEEDINGS

    In a trade mark case of Lacoste v Carolina Herrera, Ltd, the hearings and mediation group of the Intellectual Property Office of Singapore ruled in favour of Lacoste. Lacoste (hereinafter referred to as “the Applicant”) filed a trade mark application for the mark “L.12.12” on 2 December 2010 under International Registration No. 1061750... more
  • Singapore: Objections to Counter-Statements

    In the case of BRG Brilliant Rubber Goods (M) Sdn. Bhd. v The Polo/ Lauren Company, L. P., the Intellectual Property Office of Singapore (IPOS) refused Applicant’s application to restore its’ trade mark applications and to apply for an extension of time to file and serve counter–statements. BRG Brilliant Rubber Goods (M) Sdn. Bhd.... more
  • Singapore: KU DE TA Trade Marks Were Held Valid

    The High Court of Singapore recently dismissed a suit involving trade mark invalidation in a dispute between Guy Neale and others and Nine Squares Pty. Ltd. Arthur Chondros, who is an Australian businessman, founded Ku De Ta Bali, a posh beachfront restaurant in Bali in 1997, and roped in together with other co-founders, namely Made Wiranatha,... more
  • Malaysia: Water Dispute Takes Centre Stage

    This is an interesting case involving the Federal Government of Malaysia, Selangor State Government and a Trade Union. In the Court of Appeal, the appellants filed an application to appeal against the decision of the High Court of 28 June 2010. By way of judicial review, the respondents were granted the following orders in their judicial review... more
  • Singapore: Motherhood Becomes An Issue

    A recent High Court case decided in Singapore relates to a dispute concerning passing off and well-known trade marks between Motherhood Pte. Ltd. and Lau Elaine & others. Motherhood Pte. Ltd. (hereinafter referred to as “the Plaintiff”) owns a magazine, namely, “Motherhood Magazine,” which deals with issues such as motherhood,... more
  • Malaysia: Conditions for Statutory Declaration For Copyright To Be Acceptable

    This is an appeal case against a Malaysian High Court decision pertaining to copyright infringement involving Lee Chye Yen & Lee Boon Hui and EoneNet. Com Sdn. Bhd. EoneNet. Com Sdn. Bhd. (hereinafter referred to as “the Respondent”) is one of the pioneers in Internet Marketing Seminar and Internet Marketing Coaching in Malaysia and... more
  • Singapore: Application For Amendment of Notice of Opposition

    This is a trade mark opposition involving J.-E. Borie SA (hereinafter referred to as the "Applicant") and MHCS (hereinafter referred to as the "Opponent"). The Applicant had filed international trade mark application number 1058310 on 18 October 2010 for the mark “THE YELLOW LABEL” in Class 33 claiming AOC (Appellation d’originine... more
  • ADIPVEN IS MALAYSIA’S LEADING ADVISER

    We are very proud to inform all our clients and associates that our firm has been awarded as the Leading Adviser of the Year for Malaysia by Acquisition International, United Kingdom. Our Managing Director, Mr. Ramakrishna Damodharan commented that this is definitely a very proud moment for everyone in ADIPVEN and an affirmation of our team’s... more
  • MALAYSIA: IT’S A WAR GAME

    A recent case of dispute in the Intellectual Property Court of Kuala Lumpur, Malaysia concerning copyright matters saw an escalation of its appeal to the High Court of Kuala Lumpur, Malaysia. The case was between the Deputy Public Prosecutor (DPP) and an individual named Chun Tat Chan. Mr. Chan runs an internet café business under the name... more
  • Singapore: Not a TOTAL failure

    Total English Learning Global Pte Ltd (hereinafter referred to as “the First Plaintiff”) and Total English Learning International Pte Ltd (hereinafter referred to as “the Second Plaintiff”). The First and Second Plaintiffs are the franchisors of the “I Can Read!” (“ICR”) system, which consists of an educational programme and... more
  • Malaysia: Amsteel’s case is strong as steel

    In a passing-off case of Amsteel Mills Sdn. Bhd. v Lifomax Woodbuild Sdn. Bhd., the High Court of Malaya at Kuala Lumpur, Malaysia ruled in favour of Amsteel Mills Sdn. Bhd. Amsteel Mills Sdn. Bhd. (hereinafter referred to as “the Plaintiff”) is a steel manufacturer. Its business is in manufacturing and marketing of steel bars and wire... more
  • Malaysia: Court of Appeal Overruled High Court’s Decision

    In the case of Cadware Sdn Bhd v Ronic Corporation, the Court of Appeal of Malaysia set aside the order of the High Court and declared that Cadware Sdn Bhd had not infringed Ronic Corporation’s Malaysian patent. Cadware Sdn Bhd (hereinafter referred to as “the Appellant”) manufactures and distributes a soya milk machine product called... more
  • Malaysia: High Court Held Cargill Incorporated’s Trade Mark Registrable

    In the case of Cargill Incorporated v Registrar of Trade Marks, the High Court of Malaya in Kuala Lumpur adjudged Cargill Incorporated’s trade mark to be registrable under Section 10(1) of the Trade Marks Act. Cargill Incorporated (hereinafter referred to as “the Plaintiff”) applied to the Registrar of Trade Marks to register the trade... more
  • Malaysia: Good And Bad News For NEP Holdings

    In the case of NEP Holdings (Malaysia) Berhad v C.K Filtration Technology Sdn Bhd, the High Court of Malaya in Kuala Lumpur upheld the validity of NEP Holdings (Malaysia) Berhad’s Malaysian patent while dismissing their claim for patent infringement against C.K Filtration Technology Sdn Bhd. NEP Holdings (Malaysia) Berhad (hereinafter... more
  • Singapore: Request For Trademark Restoration Refused

    In the case of Tilaknagar Industries Ltd v Distileerderij en Likburstokerij Herman Jansen BV, the Intellectual Property Office of Singapore (IPOS) refused Tilaknagar Industries Ltd’s application for restoration of trademark applications and for request of extension of time to file statutory declaration. Tilaknagar Industries Ltd (hereinafter... more
  • Singapore: Kenzo v Kenzo

    In the case of Tsujimoto Kenzo v Kenzo, the Intellectual Property Office of Singapore (IPOS) held Kenzo’s opposition to Tsujimoto Kenzo’s trademark applications as failing on all grounds and consequently, upheld the registration of the trademarks. Tsujimoto Kenzo (hereinafter referred to as “the Applicant”) is the proprietor and founder... more
  • Singapore: Attack On Inventorship

    In the case of Energenics Pte. Ltd. v Musse Singapore Pte. Ltd. and Another, the High Court of Singapore rejected Energenics Pte. Ltd.’s application to reintroduce the issue of one Mansel’s inventorship of the invention, while accepting the Musse Singapore Pte. Ltd. and Another’s application to strike out the same. Musse Singapore Pte.... more
  • Malaysia: Philip Morris v Goodness

    In the case of Philip Morris Brands Sari v Goodness For Import and Export & Ors, the High Court of Malaysia sided with Goodness For Import and Export & Ors by discharging the injunction order and ordering the release of containers owned by Goodness For Import and Export & Ors. Philip Morris Brands Sari (hereinafter referred to as... more
  • Malaysia: Spell It Right

    In the case of The New Straits Times Press (Malaysia) Sdn Bhd & Anor v Admal Sdn. Bhd, the Malaysian Court of Appeal overturned the decision of the High Court and declared The New Straits Times Press (Malaysia) Sdn. Bhd. & Anor to be free from the alleged copyright infringement. The New Straits Times Press (Malaysia) Sdn. Bhd. &... more
  • Malaysia: A Tale of Coconut Water

    In the case of WB Fresh Coconut Supplier Sdn Bhd v Gan Boon Wah & Anor, the High Court of Malaya at Johor Bahru adjudged Gan Boon Wah & Anor to have committed the tort of misrepresentation and subsequently granted interlocutory injunction as prayed by WB Fresh Coconut Supplier Sdn. Bhd. WB Fresh Coconut Supplier Sdn. Bhd. (hereinafter... more
  • Singapore: Autozone Automotive v Autozone Parts

    In the case of Autozone Automotive Enterprise v Autozone Parts Inc., the Principal Assistant Registrar of Trade Marks in Singapore revoked two trade marks registered in the name of Autozone Parts Inc. on the application by Autozone Automotive Enterprise. Autozone Automotive Enterprise (hereinafter referred to as “the Applicant”) is a... more
  • Malaysia: Continued Growth for 2013

    Dear Clients and Associates, We are very pleased to inform you that our Managing Director, Mr. Ramakrishna Damodharan was recently interviewed by UK-based magazine Acquistion International (http://www.acquisition-intl.com/) on the economic outlook of Malaysia and what is in store for 2013 and beyond. You can review a copy of the article as... more
  • Malaysia: Stripes Striped

    In the case of Majlis Sukan Negara v Mesuma Sdn Bhd, the High Court of Malaya at Kuala Lumpur adjudged Mesuma Sdn. Bhd. to have committed the tort of passing-off while simultaneously rejecting Mesuma Sdn Bhd’s counter claim for trade mark infringement. Majlis Sukan Negara Malaysia (National Sports Council of Malaysia) (hereinafter referred to... more
  • Malaysia: Ken Holdings & Ors succeed

    In the case of Ken Holdings Berhad & Ors v Sri Seltra Sdn Bhd & Ors, the High Court of Malaya at Kuala Lumpur adjudged Sri Seltra Sdn Bhd & Ors to have committed the tort of passing of while simultaneously rejecting Sri Seltra Sdn Bhd & Ors counter claim for defamation and unlawful interference. Ken Holdings Berhad & Ors... more
  • Malaysia: Exporter Does Not Infringe A Locally Registered Trade Mark

    In the case of Finder Industries (M) Sdn. Bhd. V M B Products (M) Sdn. Bhd., the High Court of Malaya at Melaka, Malaysia dismissed the Plaintiff’s claims for infringement and passing off. Finder Industries (M) Sdn Bhd (hereinafter referred to as “the Plaintiff”) is a company incorporated in Malaysia and is a registered proprietor of the... more
  • Malaysia: Court of Appeal Rejects Pfizer’s Application To Amend Patent

    In the case of Pfizer Ireland Pharmaceuticals v Ranbaxy (Malaysia) Sdn. Bhd., the Malaysian Court of Appeal affirmed the High Court’s decision and restricted Pfizer Ireland Pharmaceuticals from modifying its patent claims. Pfizer Ireland Pharmaceuticals (hereinafter referred to as ‘the Appellant’) is the owner of Malaysian Patent No.... more
  • Malaysia: Court of Appeal Found Magic Boo Innocent

    In the case of Magic Boo Beauty Sdn Bhd v Koh Chui Ngoh T/A Perniagaan Lily, the Malaysian Court of Appeal overturned the High Court’s decision and declared Magic Boo Beauty Sdn Bhd free from the alleged claim of passing off. Koh Chui Ngoh T/A Perniagaan Lily (hereinafter referred to as ‘the Respondent’) claimed to have imported into... more
  • Singapore: Court of Appeal Reverses High Court’s Decision

    Recipients of our e-newsletters will surely recall that we had reported in May 2012 that the Singapore High Court held that Hai Tong Co (Pte) Ltd had failed to discharge its burden of proving that there was damage or a likelihood of damage to its goodwill and therefore dismissed the passing off claim by Hai Tong Co (Pte) Ltd. Hai Tong Co (Pte)... more
  • Malaysia: What’s In A Name? Everything!

    In the case of Tai Foong Lam v Hamdi Abdullah & 3 Ors, the Malaysian Court of Appeal overturned the High Court’s decision of allowing Hamdi Abdullah and others to continue using the name of their dissolved partnership firm and allowed Tai Foong Lam’s appeal without costs. Tai Foong Lam (hereinafter referred to as “the Appellant”)... more
  • Malaysia: Trinity v Trinity

    In the case of Trinity Group Sdn Bhd v Trinity Corporation Berhad, the High Court in Malaysia adjudged Trinity Corporation Berhad to have committed the tort of passing off and allowed the claims made by Trinity Group Sdn Bhd with costs. Trinity Group Sdn Bhd (hereinafter referred to as ‘the Plaintiff’) is a private limited company... more
  • Singapore: Court of Appeal reversed High Court’s decision

    Our clients and associates will surely recall our article which was published on 28 June 2012 wherein we have reported that the Singapore High Court dismissed Singapore Professional Golfers’ Association’s action for passing off against Chen Eng Waye and others with costs as Singapore Professional Golfers’ Association could not prove the... more
  • Malaysia: It’s A SWISS success

    In the case of Chocosuisse Union Des Fabricants Suisses De Chocolat & Ors v. Maestro Swiss Chocolate Sdn Bhd & Ors, the Court of Appeal reversed the High Court’s decision of dismissing Chocosuisse Union Des Fabricants Suisses De Chocolat & Ors claim against Maestro Swiss Chocolate Sdn Bhd & Ors for the tort of extended passing... more
  • Malaysia: It’s tough to SOCIALize

    In the case of Tan Mei Li & Ors v Golden Regal Restaurant Sdn. Bhd., the High Court of Malaya at Kuala Lumpur adjudged Golden Regal Restaurant Sdn. Bhd. to have committed the tort of passing-off their business as that of Tan Mei Li & Ors. Tan Mei Li & Ors (hereinafter referred to as ‘the Plaintiffs’) are the proprietors of... more
  • Singapore: Patent can be amended when its validity is being challenged

    In the case of Novartis AG and another v Ranbaxy (Malaysia) Sdn. Bhd., the High Court of Singapore allowed Novartis AG the leave to amend the claims of its patent although the validity of the patent is being challenged by Ranbaxy (Malaysia) Sdn. Bhd. Novartis AG (hereinafter referred to as ‘the Plaintiff’) is the registered proprietor of... more
  • Malaysia: A case on wrongful dismissal and copyright benefits

    In the case of John Kenneth Carpenter v Naim Land Sdn. Bhd., the High Court of Sabah and Sarawak at Kuching, Malaysia dismissed John Kenneth Carpenter’s claim for wrongful dismissal and copyright benefits. John Kenneth Carpenter, an Australian (hereinafter referred to as ‘the Plaintiff’) was an employee of Naim Land Sdn. Bhd. (hereinafter... more
  • Message From The Managing Director

    Dear Friends,   I am sure that 2012 has been a fantastic year for all of us and I hope 2013 will be better than previous years. Due to its success, ADIPVEN (M) Sdn. Bhd. has had to expand its operations and a few attorneys have joined us recently and I expect a few more to join us in January 2013. To effectively manage the growth,... more
  • Singapore: Coffee Anyone?

    In the case of Sarika Connoisseur Cafe Pte. Ltd. v Ferrero SpA, the Singapore Court of Appeal upheld the Singapore High Court’s decision and adjudged Sarika Connoisseur Cafe Pte. Ltd. to have infringed the Ferrero SpA’s trademark and committed the tort of passing off. Sarika Connoisseur Cafe Pte. Ltd. (hereinafter referred to as ‘the... more
  • Malaysia: A Pet Story

    In the case of Network Pet Product (M) Sdn. Bhd. v Royal Canin SAS and Anor, the High Court of Malaya at Kuala Lumpur dismissed Network Pet Product’s appeal claiming injunction against Royal Canin SAS. Network Pet Product (M) Sdn. Bhd. (hereinafter referred to as ‘the Plaintiff’) is a company incorporated in Malaysia carrying on the... more
  • Malaysia: Don’t Be Too Overexcited

    In the case of MMP Communications Sdn. Bhd. v Flyfirefly Sdn Bhd, the High Court of Malaya at Kuala Lumpur rejected MMP Communication’s claim for monetary damages arising as a result of a non-concluded collaborative agreement with Flyfirefly Sdn Bhd. MMP Communications Sdn Bhd (hereinafter referred to as ‘the Plaintiff’) is in the... more
  • Singapore: There is no confusion between “Park Regis” and “St. Regis”

    In the case of Staywell Hospitality Group Pty. Ltd. v Starwood Hotels & Resorts Worldwide, Inc. and another, the High Court of Singapore allowed Staywell's appeal and rejected Starwood's cross appeal in relation to a trademark application filed by Staywell. Staywell Hospitality Group Pty. Ltd. (hereinafter referred to as "the Applicant") is... more
  • Singapore: Mainfreight v. Mainfreight. Guess who is the winner?

    In the case of Mainfreight (S) Pte. Ltd. v Mainfreight International Logistics Pte. Ltd., the High Court of Singapore adjudged in favor of Mainfreight (S) Pte. Ltd. granting injunction restraining Mainfreight International Logistics Pte. Ltd. from passing-off its business as that of Mainfreight (S) Pte. Ltd.'s. Mainfreight (S) Pte. Ltd.... more
  • Malaysia: A Gem of a Story

    In the case of Degem Berhad & Anor v De Gem Goldsmith & Jewellery Sdn. Bhd. & Ors, the High Court of Malaya at Kuala Lumpur adjudged De Gem Goldsmith & Jewellery Sdn Bhd & Ors to have committed the tort of passing-off their business as that of Degem Berhad & Anor. Degem Berhad (hereinafter referred to as "the 1st... more
  • Malaysia: Microsoft emerges victorious

    In the case of Microsoft Corporation v Act Integrated System Sdn. Bhd., the Malaysian Court of Appeal revoked the High Court's decision of dismissing Microsoft’s action against Act Integrated System for infringement of copyright. Act Integrated System (hereinafter referred to as 'the Defendant') is a company incorporated in Malaysia and deals... more
  • Singapore: A trade mark saga

    In the case of Intuition Publishing Ltd. v Intuition Consulting Pte. Ltd., the Singapore High Court relieved Intuition Consulting Pte. Ltd from the trademark infringement claims in the shade of in-sufficient evidence. The Plaintiff, Intuition Publishing Ltd. which was previously known as Financial Courseware, adopted its present name on 17 April... more
  • Singapore: Patent held valid and hence infringed

    In the case of Main-Line Corporate Holdings Ltd. v DBS Bank Ltd, the High Court of Singapore upheld the validity of the Main-Line Corporate Holdings Ltd. patent and found that it had been infringed by DBS Bank Ltd. Main-Line Corporate Holdings Ltd. (hereinafter referred to as 'the Plaintiff') owns Singapore Patent No. 86037, filed in 1999 and... more
  • Singapore: Let’s Tee Off

    In the case of the Singapore Professional Golfers’ Association v Chen Eng Waye and Ors, the Singapore High Court dismissed Singapore Professional Golfers’ Association’s action for passing off against Chen Eng Waye and others with costs as Singapore Professional Golfers’ Association could not prove the existence of... more
  • LotteNidoo and Nido: A Case of David vs Goliath

    In the case of Hiu Kuan Hoe v Societe Des Produits Nestle S.A., the Malaysia Court of Appeal held that the High Court Judge was clearly wrong in upholding the decision of the Registrar in refusing to register Hiu Kuan Hoe’s trade mark on basis of misapplication of the facts. Hiu Kuan Hoe (hereinafter referred to as “the... more
  • Malaysia: “Onus Of Proof For Good Faith Is On The Defendant”

    In the case of DJ Auto Components Manufacturing Sdn. Bhd. v FBK Systems Sdn. Bhd., the Malaysian High Court at Kuala Lumpur held that FBK Systems Sdn. Bhd. has failed to discharge the onus of proof that it has used the mark in good faith and allowed DJ Auto Components Manufacturing Sdn. Bhd.'s application for a Trade Description Order. DJ Auto... more
  • IT’S NICHE, MIND YOU!

    In the case of Doctor's Associates Inc. v Lim Eng Wah (trading as SUBWAY Niche) the Singapore High Court held that for visual and aural similarity, one must bear in mind the "imperfect recollection" of customer and “the ideas that lie behind” for conceptual similarity. Doctor's Associates Inc. (hereinafter referred to as "the plaintiff")... more
  • IT’S ROSE(Y) LIFE OUT THERE!

    In the case of Hai Tong Co (Pte) Ltd v Ventree Singapore Pte Ltd and another, the Singapore High Court found that the defendants had infringed the plaintiff's "Lady Rose" word mark and granted plaintiff the injunctions to restrain the defendants from infringing the plaintiff's mark. Hai Tong Co Pte Ltd (hereinafter referred to as "the... more
  • SINGAPORE PATENT CASE UPDATE: MARTEK TURNS THE TABLES ON APPEAL

    Martek Biosciences Corporation had recently succeeded in getting the Singapore High Court in affirming that Martek’s Singapore Patent No. 42669 (hereinafter referred to as “the Singapore Patent”) to be valid. By way of history, a Tribunal comprising the Deputy Registrar of Patents and the Principal Assistant Registrar of Patents had held... more
  • WHAT MADE THIS MALAYSIAN PATENT REVOKED?

    The Malaysian High Court in Shah Alam, Selangor has recently revoked Malaysian Patent No. MY-103619-A and the reasons for the revocations made an interesting reading. In the case of Nehemiah Reinforced Sdn. Bhd. vs. Patrick Cyril Augustine & Imbiraj K. S. Abraham, the Court held that Malaysian Patent No. MY-103619-A (hereinafter referred to as... more
  • EVEN DOCUMENTS IN ARCHIEVE CAN ALSO CAUSE TRADE MARK CONFUSION AMONGST CONSUMERS

    In the case of Jacmoli Designs & Jewellers Sdn. Bhd. vs. YTL Corporation Berhad, the Malaysian High Court in Kuala Lumpur upheld a trademark infringement claim over archived jewelry items on a community website. The Court in Kuala Lumpur held that even documents that have been achieved but still accessible to the public can create confusion... more
  • MALAYSIA ANNOUNCES INCREASE IN OFFICIAL FEES FOR INDUSTRIAL DESIGN MATTERS

    The Intellectual Property Corporation of Malaysia (MyIPO) has recently announced that Industrial Designs Regulations 1999 has been amended and the amended Industrial Designs (Amendment) Regulations 2012 has been published on MyIPO's website. Please click here for a copy of the Industrial Designs (Amendment) Regulations 2012: Industrial Designs... more
  • ADIPVEN™

    ADIPVEN™ founding partners have extensive experience in IP and commercialization of IP. ADIPVEN™ is founded by a group of IP and commercialization experts who see the importance of setting up an Asian-wide firm with international and local experts. ADIPVEN™ is proud to be part of the Asian revolution and will continue to work to ensure... more
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