“Regis”-trable For More Than One Party After All!
Slightly more than a year from the Opposition proceeding in the Intellectual Property Office of Singapore, it seems that the trademark ownership battle between American hotel giants Starwood Hotels & Resorts Worldwide (“Starwood”), owner of the “ST. REGIS” trademark, and their Australian adversary Staywell Hospitality Group Pty Ltd (“Staywell”), proprietor of the “” mark, continued to […]
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. […]
[ITMA Review] Malaysia’s Year in Mark
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. […]
[Business Today] Fame and Trademark Rights
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 […]
[Business Today] What’s in a Name?
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, […]