Dewi Nilasari (appellant), a local entrepreneur, failed to retain proprietary rights to the NOVEC 1230 mark after the Indonesian Supreme Court dismissed her appeal in Decision No. 160 K/Pdt.Sus-HKI/2019 on February 21, 2019. The appellant registered her mark in 2013 in Classes 9 (IDM000487501), 35 (IDM000487594), and 38 (IDM000487620). In 2016, the application by 3M […]
Singapore: Lutong Defeats the Slippery Slope of Adidas
Taiwan-based Lutong Enterprise Corp. and Adidas International Marketing, competitors from different ends of the world, crossed swords over the use of their respective marks before the Intellectual Property Office of Singapore (“Adidas International Marketing BV v Lutong Enterprise Corp [2018] SGIPOS 12”). Adidas is a household brand name that was founded in Germany in 1920 […]
INDONESIA: Indonesian Supreme Court Dismisses DC Comics Appeal
The Supreme Court of Indonesia, on May 28, 2019, dismissed an appeal (Decision No. 1105 K/Pdt.Sus-HKI/2018) brought by DC Comics against PT Marxing Fam Makmur (respondent). The respondent is in the food and beverage industry, producing and distributing among other things, Superman-themed chocolate wafer biscuits. The appellant, DC Comics, is an American comic book publisher […]
SINGAPORE: Opposition Fails Against Trademark Application by Sumatra Tobacco
In a decision dated April 10, 2019 (CTBAT International Co. Ltd v. N.V. Sumatra Tobacco Trading Company, [2019] SGIPOS 8), CTBAT International Co. Ltd (opponent) failed in its opposition against the registration of trademark application no. 4020151934T (see image below) by N.V. Sumatra Tobacco Trading Company (applicant). Background The opponent filed an application on October […]
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 […]
SINGAPORE: The Patissier Delivers a Bitter Chocolate for Aalst to Swallow
In a decision dated April 9, 2019, Aalst Chocolate Pte Ltd (applicant) unsuccessfully challenged the validity of a trademark registration for a stylized version of the words “The Patissier” (the subject mark). Aalst Chocolate Pte Ltd v. The Patissier LLP [2019] SGIPOS 7. The applicant is a Singaporean chocolate manufacturer and exporter. The Patissier LLP […]
SINGAPORE: Guess? Inc.’s Inverted Triangle Found to Be More Dissimilar Than Similar to Applicant’s Mark
The Intellectual Property Office of Singapore issued its decision on February 27, 2019, rejecting Guess? Inc.’s (opponent) opposition to a triangle device mark, holding that it is more dissimilar than similar to the opponent’s earlier marks and that it would not cause confusion. Guess? Inc. v. Jen, Chi, [2019] SGIPOS 3. The opponent’s brand was […]
SINGAPORE: Decision Finds Jewelry Mark Containing ‘Love’ Is Distinctive
In a decision handed down on December 20, 2018, in MoneyMax Jewellery Pte. Ltd v. Cartier International AG, [2018] SGIPOS 22, the opponent, Cartier International AG, unsuccessfully opposed the registration of a mark by the applicant, MoneyMax Jewellery. The opponent initiated trademark opposition proceedings at the Intellectual Property Office of Singapore (IPOS) on July 28, […]
Apple Secures “IWATCH” Trademark Registration in Singapore
On 24 January 2019, the Intellectual Property Office of Singapore (“IPOS”) delivered its written judgement dismissing an opposition filed by Swatch AG (“SWATCH”) for the registration of the mark “IWATCH” filed by Apple Inc. (“Apple”). Swatch based its opposition on the grounds that “IWATCH” was confusingly similar to its earlier marks, “SWATCH” and “ ”, […]
Well Known Trademark Pierre Cardin Loses Final Battle in Indonesia Court
The long running dispute between Pierre Cardin (“Plaintiff”) and Alexander Satryo Wibowo (“Defendant”) finally reached its conclusion on 28 June 2018 (Supreme Court Decision No. 49 PK/Pdt.Sus-HKI/2018). The Plaintiff filed for a cancellation action against the Defendant for the registered trademarks PIERRE CARDIN wordmark and PIERRE CARDIN device in class 3. The grounds were (1) […]