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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Kilpatrick partner named US intellectual property enforcement coordinator http://t.co/je6KU98rjT http://t.co/VdQL4Rm9Vp

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@Copyright101 @TheCSUSA Would seem to be much easier for Pres. Obama to appoint an IPEC #iptsar than a USPTO Director. Wonder why ...

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RT @The_IPO: Have you seen the August IP Insight? Take a peek now for your #Friday afternoon #IP fix! http://t.co/4tnX5gphYj

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