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 […]

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 […]

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 […]

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, […]