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29 May 2003

Malaysia creates new corporation to manage IP rights

The Intellectual Property Corporation of Malaysia Act 2002 has come into effect. The act establishes a statutory body, which has been granted the power to manage Malaysian intellectual property rights and laws. It is hoped that such rights will be managed more efficiently and in compliance with international standards as a result.

27 May 2003

Bayer protects cold remedy with injunction

In Bayer AG v Manabay Remedies, German pharmaceutical giant Bayer has successfully petitioned the Delhi High Court to restrain Manabay Remedies from using the mark INCIDAL and certain packaging material, which Bayer alleged was a substantial reproduction of its own packaging.

21 May 2003

Tatler enforces its 300-year-old mark

In Tatler Publishing Co Ltd v Illustrated Magazine Publishing Co Ltd, the Intellectual Property Office has ordered the cancellation of the defendant's MANILA TATLER trademark, finding that the mark is confusingly similar to the plaintiff's TATLER mark and the plaintiff has superior rights.

20 May 2003

Dell gets Bangalore firm to change name

In Dell Computer Corporation v Dell Technologies, the Delhi High Court has issued an order instructing Dell Technologies to cease using the DELL trademark in its trade name. The court found that the Bangalore firm's use of the mark was likely to cause confusion with the owner of the mark, US-based Dell Computer.

12 May 2003

Delhi High Court writes off design infringement

In a suit filed by Mitsubishi Pencil together with its Calcutta-based sole distributor Linc Pen & Plastics, the Delhi High Court has restrained Mumbai-based company Flair Pen & Plastics from manufacturing and selling pens which are similar in design to a Mitsubishi pen sold under the mark UNI-BALL VISION ELITE.

09 May 2003

Australia permits parallel importation of software

The federal Parliament has passed the Copyright Amendment (Parallel Importation) Bill 2002, which removes restrictions on the parallel importation of computer programs and games, as well as books, periodicals and sheet music in electronic form. Copyright owners opposed the new act, arguing that it will facilitate the flow of pirated products into Australia.

06 May 2003

Misrepresentation of ruling will not affect pending decision

In Yakult Honsha Co Ltd v Yakudo Group Holdings Ltd, the Hong Kong High Court has rejected the plaintiff's application for an injunction restraining the defendant from misrepresenting in Taiwan the contents or effects of an earlier ruling relating to a passing-off action. The court found that the misrepresentation will not affect the pending decision.

30 April 2003

Stylized mark banned on grounds of unfair competition

In Migliore Co Ltd v Lee, the Seoul High Court has issued an injunction banning the defendant from using its mark MIGLSAMO in a stylized form. The court found that although the stylized form does not infringe the plaintiff's registered mark MIGLIORE, its use constituted unfair competition because of its similarity with the stylized form of the plaintiff's mark.

28 April 2003

Mark owners have new right to challenge company names

Trademark owners have a new tool to protect marks derived from their trade names. Under two amended laws, the registrar of companies and businesses has discretion to order a change of name if, within 12 months of registration, he/she is satisfied that the name is confusingly similar to another company's name.

25 April 2003

PepsiCo protects AQUAFINA in Delhi High Court

The Delhi High Court has granted US-based PepsiCo a permanent injunction preventing Rashmi Sales Corporation from using on its water purifiers PepsiCo's AQUAFINA trademark. In addition, the court fined the Delhi-based company Rs15,000 for passing off.

24 April 2003

New decree will set rules for damages calculations

The Vietnamese Ministry of Justice is drafting a decree that will make it easier for courts to calculate damages for trademark infringement. Currently, courts assess lost sales and injury to reputation; however, both of these are difficult to prove and quantify, especially when neither the plaintiff nor the defendant has any sales history.

24 April 2003

IPC Media guilty of passing off, as Home Beautiful dispute turns ugly

The Federal Court has found publisher IPC Media guilty of passing off 25 Beautiful Homes as Pacific Publications' Home Beautiful magazine and breaching the Trade Practices Act. The court held that, although the titles of the two magazines differ sufficiently, the look and content of IPC's product, and its marketing techniques were likely to mislead consumers.

22 April 2003

Local company retains DAVIDOFF mark despite minimal use

In Reemtsma Cigarettenfabriken GmbH v NV Sumatra Tobacco Trading Company, Swiss company Davidoff has lost its fight to have an Indonesian company's registration of DAVIDOFF deleted. The court found that although the local company had produced just 150 branded cigarettes, the mark could not be deleted on the grounds of non-use.

16 April 2003

Infosys Technologies troubleshoots successfully in Delhi

Bangalore-based Infosys Technologies Ltd, India's leading IT services company, has won a trademark infringement suit against Mumbai-based Aftek Infosys Ltd and Calcutta-based Jupiter Infosys Ltd, restraining them from marketing, advertising and dealing in goods and services under the INFOSYS mark.

15 April 2003

Fat Blaster blows away Fat Terminator in passing-off action

In Cat Media Pty Limited v Opti-Healthcare Pty Limited, the Federal Court has ruled that Opti-Healthcare's use of the name 'Fat Terminator' for a weight-loss pill was an attempt to pass off its product as Cat Media's Fat Blaster slimming pill. The court held that the packaging of the two parties' products was similar and that both names had the same connotation of explosive force.