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 […]
[MGCC Quarterly] Corporate Responsibility and IPRs
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, […]
[Business Today] Trademark: First To Use vs First To File
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 […]
Dispute Over Inherited Trademark: Which Son Wins?
When a trademark is famous, disputes regarding ownership of the trademark are more likely to crop up. This is especially common in family-run businesses when family members who used to work together part ways. In a recent High Court case, two brothers, the First Plaintiff and the First Defendant, sued each other for the wrongful […]
[PC.Com] Battle of the Tech Giants
Jacmoli Meets YTL
Mention jewelry and what might come to mind is the famous song belted out by Marilyn Monroe in the 1953 movie “Gentlemen Prefer Blondes”: “A kiss on the hand can be quite continental… But diamonds are a girl’s best friend” Yes indeed – it’s all about the “sparkle, shape and size”. That single line above became a […]
[Business Today] Sports & IP Rights
Another Day, Another Patent Litigation…
In a recent case at the IP Court in Kuala Lumpur, the Court held that Ecotherm (TFT) Sdn Bhd’s Malaysian Patent No. MY-121188-A was valid but at the same time held that the parties sued by Ecotherm in this case were not infringing the said patent. The patent infringement action in question relates to the […]