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Articles contributed by Shook Lin & Bok
Shook Lin & Bok Malaysia Legal Update 2012
Shook Lin & Bok Malaysia Legal Update Issue 1 2012
Intellectual Property - Trade Marks
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:
Intellectual Property Passing Off
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:
Trade marks: survey evidence and generic marks: the Malaysian position
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.
Boonsom Boonyanit and Immediate Indefeasibility: Federal Court reverses its position
The Federal Court in Tan Ying Hong v. Tan Sian San and 2 others [2010] 2 CLJ 269, has overruled its earlier decision in Adorna Properties Sdn Bhd v. Boonsom Boonyanit [2001] 1 MLJ 241, which held that section 340 of the National Land Code (the Code), conferred immediate indefeasibility and not deferred indefeasibility, to a bona fide purchaser, in a case where the transfer of title is vitiated by a defect or illegality.
Trade marks: survey evidence and generic marks: the Malaysian position
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.
Legal Diligence Ventures and Mergers Acquisitions
Abridged version of paper presented by Kelvin Loh Hsien Han at the Conference on Legal and Tax Aspects of Joint Ventures and Mergers & Acquisitions organized by the Asia Business Forum on 28 February 2008 at JW Marriot Hotel, Kuala Lumpur
Legal Risk Management Tips in Joint Ventures and Merger s & Acquisitions
Abridged version of paper presented by Ivan Ho Yue Chan at the Conference on Legal and Tax Aspects of Joint Ventures and Mergers & Acquisitions organized by the Asia Business Forum on 28 February 2008 at JW Marriot Hotel, Kuala Lumpur.
Amendments to the Securities Commission Guidelines for the Issue of Structured Warrants
Effective 8 May 2009, the Securities Commission amended its Guidelines for the Issue of Structured Warrants. The major amendments to the Guidelines include the introduction of market making which allows issuers to provide liquidity through market making in lieu of the shareholding spread requirement and allowing issuances of structured warrants where foreign and local exchange traded funds (ETFs) are the underlying instruments. The key amendments are set out below:-