The Legal 500

Since 2010, Malaysia has been involved in the Trans-Pacific Partnership (“TPP”) talks along with Australia, Brunei, Chile, New Zealand, Peru, Singapore, United States and Vietnam. The proposed partnership represents the latest multilateral free trade agreement that aims to further liberalise the economies of the Asia-Pacific region.

In September 2006 the Kuala Lumpur High Court ruled that fast-food company McDonald's had an exclusive right to use the prefix 'Mc'. The court ordered McCurry Restaurant to stop using the prefix as part of its trade name and awarded damages and costs to McDonald's. However, on April 29 2009 the Court of Appeal overturned the High Court's decision. The appeal court held that McCurry did not misrepresent itself or confuse the public when carrying out business under the name 'Restoran McCurry'. The court noted the following distinguishing features in how the two parties conducted their business:

In September 2006 the Kuala Lumpur High Court ruled that fast-food company McDonald's had an exclusive right to use the prefix 'Mc'. The court ordered McCurry Restaurant to stop using the prefix as part of its trade name and awarded damages and costs to McDonald's. However, on April 29 2009 the Court of Appeal overturned the High Court's decision. The appeal court held that McCurry did not misrepresent itself or confuse the public when carrying out business under the name 'Restoran McCurry'. The court noted the following distinguishing features in how the two parties conducted their business:

This article looks at the issues surrounding the admissibility and probative value of survey evidence in trademark litigation and the test to determine whether a mark has become generic.

This article looks at the issues surrounding the admissibility and probative value of survey evidence in trademark litigation and the test to determine whether a mark has become generic.