InternationalUSRemember you can easily switch between MIP US and MIP International at any time

Internet sale recognised as use


In a recent decision the Malaysian High Court in the case of Abercombie & Fitch Co & Anor V Fashion Factory Outlet KL Sdn Bhd & Ors [2008] 4 MLJ 127, held that sale of goods bearing a trade mark over the internet or using a website is use of the trade mark.

In the case, the first and second plaintiffs were retailers of the popular American brand Abercrombie & Fitch and Abercrombie. The second plaintiff was a wholly owned subsidiary of the first plaintiff and the registered proprietor of the Abercrombie & Fitch and Abercrombie trade marks in Malaysia for articles of clothing, footwear, headgear all included in Class 25.

In addition to numerous stores throughout the US and Canada, the plaintiffs...


Please log in to read the rest of this article.

New to Managing Intellectual Property? Take advantage of one week’s FREE access and become a Managing IP member today. It’s free to join and the benefits start straight away.

Already registered?

Please make sure you log in to read the rest of the article.

Log in

Join us now

Gain 7 days FREE access when you register now.

Join here

profile

Managing IP

ManagingIP

ManagingIP profile

Would SCRABBLE v SCRAMBLE case in UK have been decided differently in Germany? Georg Jahn of @NoerrLLP thinks so! https://t.co/3Sf0zzBn6S

May 24 2016 03:12 ·  reply ·  retweet ·  favourite
ManagingIP profile

@tara_aaron @TimberlakeLaw Was there a hashtag for yesterday's marijuana session #INTA16?

May 24 2016 02:56 ·  reply ·  retweet ·  favourite
More from the Managing IP blog


May 2016

North America awards: details and photos of the winners

Celebrating outstanding work in IP in the United States and Canada at our annual dinner in Washington DC



Most read articles

Supplements