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, […]
Vietnam – Fungicide Infringers Extinguished
In general, administrative actions in Vietnam are initiated by filing a complaint with the Ministry of Science and Technology (MOST) Inspectorate, Market Control Office (MCO), Department of Customs (DC) or Economic Police (EP). The complaining party will submit the following: (i) documentary evidence of ownership of the infringed mark; and, (ii) proof of infringement, including […]
Malaysia – Useful Decision on infringement tests
The High Court of Malaysia recently issued a decision regarding patent and copyright infringement in BT Engineering v with characteristics similar to that of its own. The plaintiff further alleged that the defendant had infringed its copyright through the unauthorized use of photographs and design drawings. The defendant denied the allegations and in turn sought […]
Indonesia Supreme Court Issues New Rules On Search Warrant And Preliminary Injunction (Provisional Decision)
The Supreme Court of Indonesia has issued Regulation No. 5 of 2012 laying down the requirements and procedure for obtaining a Provisional Decision on Intellectual Property Rights Violations. A Provisional Decision in Indonesia has a similar effect as a Search Warrant and Preliminary Injunction against alleged infringers. The new rules took effect on 30 July […]
Malaysia – How directors are personally liable for infringement
In the eyes of the law, a company is a separate legal entity distinct from its members and directors. The acts of a company, including any wrongful acts are attributable to, and liability therefore rests with, the company as a separate entity and not with its members or directors. This principle from the Salomon case […]
New Rules In The Philippines
The Supreme Court of the Philippines announced new Rules of Procedure for IP rights cases on October 18 2011. The Rules took effect on 8 November 2011 and govern new and pending civil and criminal actions for IPR violations lodged before the Special Commercial Courts designated by the Supreme Court. The Rules aim to eliminate […]
Jail For Lady Counterfeiter In Manila
There are rare occasions by which a criminal case is filed for violation of the Intellectual Property Code of the Philippines (Republic Act No. 8293). But in those rare occasions, the Philippine courts do not hesitate to sink their teeth in deeply and put the counterfeiter behind bars. After more than a decade of legal […]
Philippines – Harvard Jeans or Harvard University : Which Name Rings A Bell…?
In 1988, FredCo secured a registration for HARVARD JEANS USA or goods in Class 25. It allegedly used the mark in the Philippines as early as 02 January 1982. On the other hand, in 1993 ,Harvard was issued registration for the trademark HARVARD VERITAS SHIELD SYMBOL in Classes 16, 18, 21, 25 and 28. Harvard […]
Malaysia Cyber-Squatting And Infringement Of Trademarks
The internet is fast becoming a powerful marketing tool and likewise a knowledge commodity. Companies, especially multinationals, tend to market themselves by using the internet. To be more visible, companies formulate their web addresses with their trade name. IP protection in this sense is accorded by domain name registration, for the registration of an exclusive […]