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08 April 2003

Sony awarded injunction in summary judgment

In Sony Computer Entertainment Inc v Lee, the High Court of Kuala Lumpur has issued, as part of a summary judgment against the defendant, a permanent injunction preventing him from further infringing the plaintiff's trademark. In granting the injunction, the court held that the fact that the defendant had already ceased the infringing activity was irrelevant.

07 April 2003

Tea company ordered to drop 'Yahoo' name

In Yahoo! Inc v Agarwal, the Delhi High Court has granted Yahoo! an interim injunction preventing Sarda Trading Company from marketing, distributing or selling tea under the brand name 'Yahoo'. Yahoo!'s suit for a permanent injunction on the grounds of passing off and dilution will be heard in the near future.

04 April 2003

Trademarks Ordinance implemented after three-year delay

The Trademarks Ordinance has been implemented today after a series of technical set-backs. The last hurdle was removed when the government amended Rule 13 of the Trademarks Rules implementing the ordinance. The rule's original draft, limiting the time to satisfy the registrar that a mark meets the registration requirements, was considered too rigid.

25 March 2003

'This is our show', entertainment company claims

A US entertainment company has brought an action against two Indian television companies for trademark and copyright infringement. The US company alleges that the Indian television series 'Jeena Isi Ka Naam Hai' is an adaptation of its well-known show 'This is Your Life'.

20 March 2003

'Original label' aims to protect CDs from pirates and counterfeiters

The Trade Descriptions (Original Label) Order 2002 has come into force. It requires that original copyrighted and trademarked products bear an 'original' label and aims to protect the makers of compact disks, video cassettes and similar goods from pirates and counterfeiters.

14 March 2003

Florists win lawsuit filed by German rose giant

In Korean Florist Association v Kordes, a group of Korean flower producers has won a lawsuit filed by German rose giant Kordes in connection with its trademark rights in 'Red Sandra' and 'Kardinal', two rose breeds. The Supreme Court overruled the Patent Court's decision to grant Kordes trademark rights.

13 March 2003

Power of attorney is required case by case, say chief justices

The Supreme Administrative Court has issued a resolution which provides that an agent, acting on behalf of a trademark owner who has no domicile or place of business in Taiwan, must submit the power of attorney which gives the agent its authority to act on behalf of that party, each time a trademark-related case is brought before the courts.

11 March 2003

Sanrio says goodbye to HELLO KITTY infringer

In Sanrio Co Ltd v Dong-A Pencil Co Ltd, the Seoul High Court has affirmed a lower court decision finding that Dong-A had registered the trademark KITTY, and the Korean translation thereof, in order to profit from consumer confusion between its marks and Sanrio's famous HELLO KITTY mark.

27 February 2003

Australia plans new law for parallel imports

The Copyright Amendment (Parallel Importation) Bill 2002 has been introduced in the Senate. If approved, the new law will have implications for trademark owners. Among other things, goods on which a mark is applied with the owner's consent in their country of origin will not infringe the Australian registered mark when imported.

27 February 2003

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.

21 February 2003

Singapore announces plans for special IP Court

The Singapore Supreme Court has announced that a special Intellectual Property Court will be set up. This is a major step in the right direction as IP disputes increasingly require a sophisticated level of legal and technical understanding of the subject matter.

18 February 2003

Competition law amended to restrict trademark monopolies

The Russian government has amended the country's competition legislation so as to reduce the anti-competitive effects of trademark acquisitions and licence agreements.

17 February 2003

High Court clears distributors of passing off

In Yunnan Baiyao Group Co Ltd v Tong Jum Chew pte Ltd and Tong Jum Chew Medical Store, the Singapore High Court has dismissed a claim by Yunnan Baiyao, a China-based company, against two Singaporean companies for passing off in respect of a well-known Chinese herbal medicine called 'Yunnan Paiyao'.

12 February 2003

New Trademarks Act receives royal assent

The Trademarks Act 2002 has received royal assent. The new act replaces the Trademarks Act 1953, brings New Zealand into compliance with several obligations under TRIPs and increases protection of indigenous rights.

11 February 2003

Mars bars company name registration

In Mars Incorporated v Kumar Krishna Mukerjee, the Delhi High Court has issued a permanent injunction preventing the defendant, a food manufacturer, from registering 'Mars' as a company name. The court held that such use would have amounted to trademark infringement and passing off.