Region: Malaysia

Unjustified seizure results in damages award

The Court of Appeal has ruled for the first time that a producer of goods seized under suspicion of being counterfeits is entitled to damages if it is able to prove that the trade description order, issued pursuant to Section 16 of the Malaysian Trade Descriptions Act, was unjustified.

27 February 2003

Debate surrounds NATIVE TASTE lawsuit

Sari Pelita Sdn Bhd has filed suit in the High Court against Balasarasvathi A/P Nagaih and Madura Store Sdn Bhd, alleging that the defendants have been passing off their tea products as the plaintiff's by copying the plaintiff's packaging get-up and design. The case is likely to involve a review of Malaysian case law on trademarks.

05 February 2003

Legitimate trademark not enough to secure 'genting.biz'

A WIPO panel has held that under the Start-up Trademark Opposition Policy, a legitimate claim to a trademark is not always enough for a domain name to be awarded to a complainant, especially if the other party also has a reasonable claim and there is no evidence of bad faith.

15 October 2002

Skrine succeeds against cybersquatter

One of Malaysia's leading law firms, Skrine & Co, has been awarded M$230,000 in damages. The High Court ordered the award against My Information Centre Sdn Bhd for violating Malaysia's Trademark Act by registering, but not using, 'skrine.com'.

19 September 2002

More resellers for '.my'

The Malaysian Network Information Centre has appointed 11 more resellers to market and increase distribution channels for domain names ending in '.my'. The resellers are located throughout the country, providing customers with an easier and more convenient way of registering top-level domains.

10 May 2002

Regulating web use of geographical indications

Malaysia's new Geographical Indications Act provides additional remedies against unlawful users of geographical indications on the Web, including injunctive relief and damages. This is regardless of whether the geographical indication is registered in Malaysia.

13 March 2002

Malaysia's domain registration system is revamped

Due to an influx of domain name registrants in Malaysia, the Malaysian Network Information Centre has launched its Reseller Programme, designed to speed up the registration process. Currently, nine resellers have been appointed.

19 February 2002

Amendments give protection to well-known trademarks

Malaysia's Trademarks Act 1976 has been amended to recognize and protect well-known marks in compliance with the TRIPs Agreement. The amendments have important implications for e-businesses that wish to use their trademarks as part of their domain names.

13 November 2001

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