SINGAPORE: Infringement Claim Rejected and Mark Expunged Due to Unacceptable Behavior

In a recent case, the relationship between the two parties was crucial to ascertaining that an application was made in bad faith and claimant’s conduct “did not meet the acceptable commercial behavior observed by reasonable and experienced men.” In its decision issued on September 16, 2022, the court dismissed the claimant’s infringement claim in its […]

Diesel S.P.A. v. Bontton Sdn Bhd: The own name doctrine and the court’s power to make declarations of non-infringement

In Diesel S.P.A. v. Bontton Sdn Bhd [2020] MLJU 715, the Malaysian Court of Appeal was faced with, inter alia, the novel issues of, firstly, whether the court has discretionary powers under Malaysian law and/or an inherent jurisdiction to grant a negative declaration in respect of infringement, and, secondly, whether it should grant recognition of […]

Burberry Limited and another v Megastar Shipping Pte Ltd [2019] SGCA 01

Introduction Burberry Limited and Louis Vuitton Malletier (“Appellants”) failed in their action against Megastar Shipping Pte Ltd (“Respondent”), a freight forwarder providing transhipment services for trademark infringement (Civil Appeal No. 237 and 238 of 2017 respectively). Background The goods in question were counterfeit luxury goods in two sealed containers and were being shipped from China […]