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 business of trading and manufacturing of pet products. Royal...
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 publication business. Flyfirefly Sdn Bhd (hereinafter referred...
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 Plaintiff”) was incorporated in Malaysia in...
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 with computer and computer...
Malaysia: For interim relief, serious question and the balance of convenience must be proved
In the case of Ken Holdings Berhad & Ors v Sriseltra Sdn. Bhd, the Malaysian High Court in Kuala Lumpur allowed the Plaintiffs’ application of interlocutory injunction to restrain the Defendant from committing the act of passing-off and dismissed with cost the Defendant’s claim of restraining the Plaintiffs to seek verification as to the truthfulness of affidavits submitted by the...
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 Components Manufacturing Sdn. Bhd....
MALAYSIA: ASSIGNEE OF RIGHTS OF AN INDUSTRIAL DESIGN IS REGISTERED PROPRIETOR OF INDUSTRIAL DESIGN
In the case of AV Future Link Sdn. Bhd. v Inno Supply & Services Sdn. Bhd., the Malaysian High Court in Kuala Lumpur dismissed AV Future Link’s claim for unlawful interference and allowed the Inno Supply & Services’ counterclaim of legal and beneficial ownership of a number of registered industrial designs.
The Court held that the rights obtained through registration of an...
MALAYSIA: INFRINGING COPY MUST BE OBVIOUS IMITATION OF THE REGISTERED DESIGN UPON THE VISUAL COMPARISON
In the case of Visiber Sdn. Bhd. v Tan Meng Them and others, the Malaysian High Court in Kuala Lumpur upheld the industrial design infringement claim of Visiber over its business that uses inverted triangle formula (“the methodology”) in its multi-level marketing network.
The Court held that the Plaintiff has proved on the balance of probability that the Defendants have infringed the...