Much Ado About Nutting: Nutella Vs. Nutello
In the recent Singapore Court of Appeal (CA) case of Sarika Connoisseur Café Pte Ltd v Ferrero SpA, the CA was asked to resolve several issues on the matters of well-known trademark infringement, dilution and passing off. Sarika Connoisseur Café (the Appellant), is the owner of the “TCC – the connoisseur concerto” café chain in Singapore. […]
Definitive Decision Delivered in Degem Dispute
Here in Malaysia, we practice the “first-to-use” principle, meaning the first user of a trademark is generally considered the true owner of the mark. Therefore owners of trademarks who have failed to register their trademarks, or applied to register them at a later date, would still possess limited unregistered rights over their trademarks in Malaysia. […]
Indonesia Update: Forever 21 vs. Forever 21
By Carla Monintja Many women, even those who are not fashionistas, are quite passionate about fashion, taking to certain trends that suit them and make them feel comfortable and confident. One company that has made it a mission to provide affordable and trendy apparel to the masses is Forever 21, which would be a familiar […]
B. Braun Obtains Interlocutory Injunction Against Med8
It is well known that German medical device manufacturer, B. Braun Melsungen AG, has been in Malaysia for the past 40 years and has earned a reputation over the years for their safety IV catheters. In fact, they have a huge production facility in Penang, a northern state in Peninsular Malaysia. A huge amount of […]
Goodwill Hunting
It is common knowledge that the use of another person’s trademark without his consent is an act of trademark infringement. However, many may not know that using another person’s trade name or trademark (regardless of whether it is registered) without his consent may also amount to passing off. Essentially, the tort of passing off protects […]
Singapore Update: A Case of Copyright, Confidential Information and Non-Competition Clause
General Arrangement (GA) drawings indicate the main dimensions of a model from the most appropriate viewpoints, which include setting out and check reference dimensions, section sizes, necessary assembly references and/or magnified views of complex details. These drawings were the highlight of a recent case brought by PH Hydraulics & Engineering Pte Ltd (the plaintiff) against […]
Forceful Action Against Faber-Castell Counterfits in Indonesia
By Carla Monintja Students around the world are no strangers to Faber-Castell products. Just ask and they should be able to easily name their favourite products from Faber-Castell; or, if you look into their pencil cases, you would probably find at least one Faber-Castell product in it. This scenario is not uncommon in Indonesia, as […]
Putting the Brakes on Trademark Infringement
If you find that your registered trademark is identical or similar to another mark, or vice versa, you may want to read this article. Even if you don’t find yourself in this situation, you may still find the following story interesting. A trademark is a sign that indicates the origin of particular goods and services, […]
Brunei is Now a Member of The PCT
Brunei recently became the 145th country to accede to the Patent Cooperation Treaty (PCT), with Panama following shortly after. Up until the beginning of 2012, Brunei did not have an national patent system (previously needing granted patents from the UK, Singapore or Malaysia to be re-registered in the country to acquire protection), but an increased recognition […]
Microsoft Presses on in Copyright Infringement Dispute
Microsoft Corporation (“Microsoft”) is a company that needs no introduction, being globally renowned for designing, producing, marketing and supporting a broad range of computer-related products. The company recently brought a civil action against Act Integrated System Sdn Bhd, alleging them of infringing Microsoft’s copyright in their computer programmes by reproducing and marketing pirated copies without […]