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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...


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Another highlight of #ip2014 = launch of #ipwomen network http://t.co/XhQqPJKQzy Pleased to see IP profession addressing diversity!

Dec 19 2014 05:59 ·  reply ·  retweet ·  favourite
ManagingIP profile

Apple & Samsung settled (outside US) as did Google & Viacom. Did 2014 see mediation take off? ($) http://t.co/tWLQ72pqcI #ip2014

Dec 19 2014 05:55 ·  reply ·  retweet ·  favourite
ManagingIP profile

It was a big year for trade-marks/trademarks in Canada, but 2015 might be bigger. Here's why #ip2014 http://t.co/glOnyFwr3T

Dec 19 2014 05:50 ·  reply ·  retweet ·  favourite
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