Coca-Cola v The Intellectual Property Department The Supreme Court issued a historic decision when it found in favour of the trademark registration of Coca-Cola's 2-dimentional bottle picture in black and white for use with non-alcoholic beverages. The mark was considered inherently distinctive enough to acquire registration under Section 7 of Thai Trademark Act. Proof of […]
Malaysia - How To Take Action Against Counterfeits
Owners of trade marks face a difficult choice when they learn that their products have been counterfeited and are being sold in Malaysia. The recommended course of action is to conduct an investigation by an authorized private investigator to find out who is producing or selling the counterfeit product and obtain a trap purchase. Through […]
Singapore – “Virtual Shopping” comes to service marks?
A recent practice amendment by the Intellectual Property Office of the United Kingdom has acknowledged the presence of online virtual shopping malls. In PAN 01/09, issued on 24 February 2009, the UK IPO announced inter alia that the description 'virtual shopping malls' will be accepted by the Registry in the specification of services in Class […]
Malaysia - Trade Description Order for trade mark infringement
In Malaysia a trade mark owner can enforce his rights in a number of ways. A effective means of enforcement against an infringer of a trade mark or a person liable for passing off, would be to obtain a Trade Description Order (TDO). This is provided by virtue of section 16 of the Trade Description […]
Malaysia - Court Nullifies Trade Description Order
In Malaysia a trade mark owner has the possibility of enforcing his rights by way of trade description order wherein an order of court is obtained to declare an infringing brand as false trade description, which allows infringing products to be seized by the authorities and the infringers prosecuted. However the importance of obtaining an […]
India - Trade Mark Holder Scores Absolut Victory
V&S Vin & Spirit Aktiebolag (V&S), the owner of the Absolut trade mark, one of the most well-known and reputed brands in the world for spirits and luxury goods, filed a civil suit in India against Bangalore based pharmaceutical company Pharmed and one of its subsidiaries (Pharmed) for infringing, passing off and diluting its well-known […]
Loss of distinctiveness - the Singapore experience with generic marks
While trademark owners may beam as their trademarks grow in fame, bursting into widespread popularity, the danger is that someday all value might be lost. Such naivety on the part of mark owners can be detrimental, as once a trademark starts to form part of a common vocabulary, then they become generic and open to […]
Indonesia - The Jakarta Buddha Bar Story
What’s in a trade name without a registered trademark in a business or to be more specific, the restaurant business? Apparently, it can be no less distinguishable than the original registered trademark. Take the example of the once registered trademark, Buddha Bar, in Jakarta, Indonesia. As reported in The Jakarta Post (online) on 22 April […]
Malaysia - Functional or utilitarian characteristics of an article of manufacture are not protectable under passing off law
Alfa Laval ( M) Sdn Bhd v Ng Ah Hai & Ors [2008] 5 MLJ 344 The Plaintiff, Alfa Laval (M) Sdn Bhd, a manufacturer and supplier of plate heat exchangers and plate under the brand 'Alfa Laval' applied for an injunction to inter alia restrain the Defendants from passing off imitation plate heat exchangers […]
A Giant Step Towards Global Harmonization in the ASEAN Trademark System
Intellectual Property Rights (IPRs), in particular trademarks have taken on increased importance in the current Internet-driven, knowledge based society, due in part to the growth of the Internet as an information/technological medium. Association of Southeast Asian Nations (ASEAN) notes that IP and IPRs creation, commercialization, and protection have assumed an increasingly profound and unprecedented influence […]