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 […]
[MGCC Perspectives] The Supercalifragilisticexpialidocious FAIR
[Malaysia SME] Trademark Matters: Mere collections of similar names may not be called family!
No Noodling About: Hakubaku Co. Ltd. v Asiamega Food Manufacturers Sdn. Bhd.
This recent case provides food for thought by enforcing once again that the first user of a trademark in good faith in Malaysia is the rightful common law owner of the mark. Attempts to noodle around with the core principles of trademark and copyright law do not mix well with the Courts’ stand to uphold […]
[Malaysia SME] Select the right brand for the Chinese market
Local to Global: FEAR of the Unknown
By Geetha Kandiah Venturing abroad takes courage. But in this day and age, it is a necessity for businesses to expand their market reach. Businesses in Singapore, for example, do not just stay in Singapore! In 2018, Singapore exported US$ 411.7 billion around the world, with the top export being electronic equipment. Businesses can’t keep […]
[Malaysia SME] Can slogans be registered as trademarks?
When you need to sprint to the Trademark Office: Trade protection around the globe
By Daniella Fiocco What’s in a name? “What’s in a name? That which we call a rose by any other name would smell as sweet.” – William Shakespeare ———————————————– William Shakespeare may have been a brilliant poet, but he was no intellectual property expert; if he were he would have known that a name, and […]