Archives for October 2012
Here in Malaysia, we practice the “first-to-use” principle, meaning the first user of a trademark is generally considered the true owner of the mark. Therefore owners of trademarks who have failed to register their trademarks, or applied to register them at a later date, would still possess limited unregistered rights over their trademarks in Malaysia.
This principle was however seemingly overlooked in the recent case of Degem Berhad & Ors v De Gem Goldsmith & Jewellery Sdn Bhd & Ors.
By Carla Monintja
Many women, even those who are not fashionistas, are quite passionate about fashion, taking to certain trends that suit them and make them feel comfortable and confident. One company that has made it a mission to provide affordable and trendy apparel to the masses is Forever 21, which would be a familiar and accessible brand to most people in Jakarta and across the world, as a global brand with 450 retail outlets in at least 41 countries.
In Indonesia, Forever 21 has been around for about four years, but its presence has not been without its share of problems. While not related to their sales, these problems could potentially influence their growth and business expansion in the Republic.
It is well known that German medical device manufacturer, B. Braun Melsungen AG, has been in Malaysia for the past 40 years and has earned a reputation over the years for their safety IV catheters. In fact, they have a huge production facility in Penang, a northern state in Peninsular Malaysia. A huge amount of resources and effort have been invested by B. Braun in establishing themselves as the manufacturer and supplier of their safety IV catheter products which are distinctly different from the general IV catheter products. Due to their efforts, they have successfully created a market for safety IV catheters in the healthcare and medical industry.
Recently, B. Braun (the plaintiff) successfully obtained an interlocutory injunction to prevent Med8 Sdn Bhd, Syed Nasir Bin Syed Agil, Pariaman Jati Sdn Bhd, Mohammad Hairun B. Ahmad @ Mohamed T/A HSQA Tech and GMMI Sdn Bhd (the defendants) from selling safety catheter products that the plaintiff claimed had infringed Malaysian Patent No. MY-143155-A, which is owned by B. Braun.