Shwe Trademarks in Myanmar: Challenges & Opportunities
By Thein Thein Win Myanmar, also called the “Golden Land”, is known for its many ancient golden pagodas, sacred Buddhist monasteries and gilded monuments. Myanmar people adore yellow gold (“Shwe” in the Burmese language) with gold being a common investment and store of value. It is no surprise then that locals also use “Shwe” as a […]
From Tatooine to Naboo: Intellectual Property Protection in The Star Wars Franchise
By Hoh Jerick ’Tis the season when the force awakens fans of the Star Wars franchise around the galaxy far, far away. With “Star Wars: The Rise of Skywalker”, the last in the current trilogy coming out this month, let’s take a look at the various Intellectual Properties (IP) under Lucasfilm (now acquired by […]
Wherefore Art Thou Spider-Man?
By Hoh Jerick Tensions rose, jaws floored – will Spider-Man no longer be part of the Marvel Cinematic Universe (MCU) after the sequel “Far From Home”? The recent uproar and disagreement between Sony Pictures and Disney hinged on the fact that fans of the MCU movie series may not be able to enjoy the portrayal […]
[MGCC Perspectives] Can Slogans Be Registered as Trademarks?
[Malaysia SME] A True Trademark Conspiracy
Common Law Proprietorship: Is Evidence Territorially Restricted?
By Amir Murshidi The established principle of trademarks is that the protection is territorial in nature. Does that mean without a registration, trademark owners do not have rights in a particular country? Yes and no – yes in countries that adopt the “first-to-file” rule while in common law jurisdictions (Malaysia included), owners who use the […]
Caught with Their Pants Down: Mohammad Hafiz bin Hamidun v Kamdar Sdn. Bhd.
What grounds, if any, do famous personalities have to prevent their name from being used by others under the guise of false endorsements or association? Here’s the story of what singer and song composer, “Hafiz Hamidun” (the Plaintiff), did. Apart from his musical pursuits, the Plaintiff had also incorporated a company selling clothes including Baju […]
Enforcement of Trademarks in Myanmar
Enforcement and Border Control Measures Myanmar is the largest country in the Southeast Asian mainland and is bordered by India, Bangladesh, Thailand, Laos and China. Geographically, Myanmar is strategically located to make trade deals with the two most populous countries and fastest growing markets in the world, India and China. Currently, the Myanmar Customs Department […]