Industry: Agribusiness & food

In a ruling that will have significant implications for trademark owners and would-be infringers, the Intellectual Property High Court of Kuala Lumpur has broadened the concept of “use in the course of trade” to include goods in transit. 

04 July 2024

The Board of Appeal confirmed that there was no likelihood of confusion between two marks consisting of the photographic portrait of an elderly man in traditional farming attire, both covering wine. 

15 May 2024

The scope of the definition of ‘beer’ in a trademark licensing agreement has been called into question after the licensee began selling hard seltzers under the plaintiff’s brand. The court’s summary judgment denial highlights the need for specificity when it comes to defining products in such agreements. 

25 April 2024

The decision serves as a warning to applicants that pending trademark applications are not shielded from scrutiny by the federal courts.

15 April 2024

In this long-running dispute between supermarket competitors, the Court of Appeal upheld the trial judge on almost all points, but expressed significant disquiet about the overall outcome.

05 April 2024

The bar to establish distinctive character acquired through use in the European Union is so high that even the owner of a well-known mark will struggle to provide evidence covering the entire territory.

25 March 2024

The case shows the need for a thorough examination of the demonstrated use, taking into consideration both the actual goods/services and the perspective of consumers.

29 February 2024

Use of the figurative mark REGINA for cigarettes would be detrimental to the repute of the earlier mark REGINA for Class 30 goods.

27 February 2024

While a significant part of the relevant public would understand ‘Olympus’ as referring to Mount Olympus in Greece, that term had no meaning in relation to the goods in question and was thus distinctive.

22 February 2024

The Valdivia Court of Appeal held that NotCo’s packaging and advertising for its NotMilk product did not constitute unfair competition.

19 February 2024