Yew Huoi, How & Associates | Leading Malaysia Law Firm

TRADEMARKS – INFRINGEMENT – LIKELIHOOD OF CAUSING CONFUSION

Q: I found out that there is a company using similar name with my company. Can I take legal action against them?

Yes.

  • You may bring action against the company for trademark infringement.
  • An action for infringement could be founded upon the unauthorised use of a registered mark as part of a trade or company name.
  • Upon registration of your trademark, you have a sole and exclusive ownership over the trademark.
  • If there is someone infringes your trademark, you may commence a legal suit at the High Court against the infringer.

Q: What if they argue that they did not use their name 100% exactly like ours?

A:

  • So long as the name is likely to cause confusion, whether the infringing mark was used in uppercase or lowercase was immaterial.
  • There should not be a microscopic comparison of the minute differences between the competing marks in deciding the likelihood of confusion.

Q: What is the correct approach in deciding whether there is a trademark infringement?

A:

  • Firstly, enquire whether their use of the infringing marks came within the specification of services covered by the registration of your company’s trademark.
  • The words in a specification of services should be given their natural and ordinary meaning.

Q: Any advice for someone who is choosing a business name?

A:

  • Conduct a name search at the business or company registry, a domain name search or at least a search on Google.
  • This may avoid potential infringement of other people’s trademark.

Case in point: SkyWorld Development Sdn Bhd & Anor v SkyWorld Holdings Sdn Bhd & Ors [2020] 3 MLJ 294. Court of Appeal (Putrajaya) no: W-02(IPCV)(W)- 383-02 of 2019

Recent Post

FAMILY LAW – CHILDREN’S CUSTODY – CUSTODY DISPUTES IN MALAYSIA: ESSENTIAL INSIGHTS ON CHILD WELFARE AND PARENTAL ROLES

In a recent custody dispute, the court emphasized the importance of child welfare, reaffirming the maternal custody presumption for young children unless strong evidence suggests otherwise. In high-conflict situations, the court favored sole custody over joint arrangements to minimize stress on the children. This case underscores that Malaysian parents should provide credible evidence for their claims and focus on practical, child-centered solutions.

Read More »

BREACH OF CONTRACT – DAMAGES – FORESEEABILITY AND FAIRNESS IN FREIGHT LIABILITY CLAIMS

In JSD Corporation v Tri-Line Express [2024] 1 Lloyd’s Rep. 285, the court set a clear precedent on damages for property claims, ruling that only foreseeable and proportionate losses are recoverable. Applying principles akin to Hadley v Baxendale, the court allowed for repair costs if intent to remedy was evident but rejected double recovery, underscoring that damages must reflect actual loss without overcompensation. This decision serves as a guide for Malaysian courts, emphasizing fair and balanced recovery in line with foreseeable damages.

Read More »

ADMIRALTY IN REM – SHIPPING — FUEL OR FREIGHT? COURT CLEARS THE AIR ON GLOBAL FALCON BUNKER DISPUTE

In a decisive ruling on the Global Falcon bunker dispute, the court dismissed Meck Petroleum’s admiralty claim for unpaid high-sulphur fuel, finding that the fuel was supplied not for operational purposes but as cargo. With the vessel lacking necessary equipment to use high-sulphur fuel and evidence pointing to its transfer to another vessel, the court determined that Meck’s claim fell outside admiralty jurisdiction, leading to the release of the vessel and potential damages for wrongful arrest.

Read More »

COLLISION COURSE – COURT WEIGHS ANCHOR DRAGGING AND LIABILITY AT SEA

In a collision that underscores the high stakes of maritime vigilance, the court ruled that Belpareil bore the brunt of the blame for failing to control its dragging anchor and delaying critical warnings. Yet, Kiran Australia wasn’t off the hook entirely—apportioned 30% fault for its limited evasive action, the case serves as a stark reminder: in maritime law, all vessels share responsibility in averting disaster, even when one party’s errors loom large.

Read More »

GENERAL AVERAGE – PIRATE RANSOM DISPUTE: SUPREME COURT RULES CARGO OWNERS LIABLE IN THE POLAR CASE

In the landmark case Herculito Maritime Ltd v Gunvor International BV (The Polar) [2024] 1 Lloyd’s Rep. 85, the English Supreme Court upheld the shipowner’s right to recover a USD 7.7 million ransom paid to Somali pirates under general average. The Court ruled that cargo interests, despite their arguments regarding charterparty terms and insurance obligations, were liable to contribute to the ransom payment. This decision reinforces the importance of clear contractual provisions when seeking to limit or exclude liability in maritime contracts particularly matter relating to general average.

Read More »
zh_TWZH
× 联系我们