Danone Biscuits Manufacturing (M) Sdn Bhd V. Hwa Tai Industries Bhd
FOOD manufacturers would stand to gain from paying close attention to a recent High Court decision on a case involving claims of trademark infringement and passing off. On 29 October 1990, Danone Biscuits Manufacturing (M) Sdn Bhd (“the Plaintiff”) applied to register their “ChipsMore” trademark in Malaysia, for, amongst others, chocolate chip cookies. The trademark was registered and renewed up to 20 October 2007. The Plaintiff has been manufacturing, distributing and selling these cookies in Malaysia since 1990, and has also exported the same to other countries in the region.