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 […]
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, […]
[Business Today] Trademark: First To Use vs First To File
[MGCC Quarterly] KASS Leads INTA Roundtable on Local Brands Going Global
Copy Me Not!
Branding is an important factor in marketing one’s goods and/or services. It is a known tool that could turn one into a popular trendsetter. When it comes to branding, one has to be firm, creative and yes, possessive! In a recent case, the Plaintiff, P.T. Swakarya Indah Busana, sought to invalidate 15 “Martin” trademarks (“the […]
Calvin Klein and Gioven Kelvin Trademark Case
In today’s increasingly competitive world of business, one method that companies have found advantageous in terms of distinguishing themselves and their products from their competitors is through the establishment and building of their brands via trademarks. How else would consumers recognize and identify a particular product or service and make their preferred choice? An established […]
The Philippines Accedes to The Madrid Protocol
The Philippines recently became the 85th country to join the Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks, better known as the Madrid Protocol. Local companies looking to enter into the global market can now look forward to reduced cost and time spent on their international trademark filing activities as they need […]