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 […]
Trademark Infringement E-Complaint Feature by Registry
Most cases of Indonesian trademark infringement matters are filed through a direct formal complaint to the National Police Unit. Not many cases are filed through Directorate General of Intellectual Property (“DGIP”) even though such a mechanism is allowed under the Trademark Law No. 20 of 2016. Specifically, Article 99 in Chapter XVII of Trademark Law No. […]
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 […]
SINGAPORE: Principal Assistant Registrar Exercises Power to Give Decision Without a Hearing
As a result of inaction by the applicant, the Principal Assistant Registrar (PAR) exercised his power under Section 37(4) of the Trade Marks Rules to decide on a case on February 4, 2020, without any hearing. Seek Asia Pte Ltd (the applicant) applied to register a composite trademark “SEEK ASIA” consisting of the words “Seek […]
Louis Vuitton Counterfeit Case in Singapore Clarifies Definitions of ‘Import’ and ‘Export’ for Trade Mark Infringement Purposes
In the recent Singapore High Court case of Louis Vuitton Malletier v Megastar Shipping Pte Ltd [2017] SGHC 305, the Court held that a freight forwarder who was unwittingly sent counterfeit goods into Singapore for transshipment was not liable for trademark infringement. The case concerned two shipments from China bound for Indonesia via Singapore. The […]
Mattel, Inc. v Aman Bijal Mehta: A Loss of Face for ‘Barbie’?
“Hi, Barbie….Hi, Ken! Do you wanna go for a ride? Sure, Ken! Jump in…I’m a Barbie girl in the Barbie world……Life in plastic, it’s fantastic! You can brush my hair, undress me everywhere…..Imagination, life is your creation…..Come on, Barbie, let’s go party!……I’m a blond bimbo girl in a fantasy world…..Dress me up, make it tight, […]
Myanmar Presents New Trademark Bill
Myanmar has yet to produce its own specific legislation on trademarks. As a member of the World Intellectual Property Organization (WIPO) and the World Trade Organization (WTO), the nation is expected to deliver its IP laws in the near future to provide protection for trademarks, copyright, patents, and other intellectual property. From August 8-10, 2017, […]
Singapore Trademark Infringement cases -The Own Name Defence is Often no Defence at All
In The Audience Motivation Company Asia Pte Ltd v. AMC Live Group China (S) Pte Ltd, the Singapore Court of Appeal, in a ruling dated April 21, 2016, found in favour of the appellant, thus overturning a decision by the High Court which had dismissed the appellant’s (who was the plaintiff in the earlier suit) […]