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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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We're getting some interesting comments on our blog on #graceperiods Anything to add? Join the debate here http://t.co/VbMvAi0LpK #patent

Oct 30 2014 09:31 ·  reply ·  retweet ·  favourite
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RT @LeeMarkDavies: bad faith trade mark applications a common theme for all @The_IPO attachés @IPaware #IPAN @TheCIPA

Oct 29 2014 05:30 ·  reply ·  retweet ·  favourite
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£25 billion in bank lending backed by IP rights in China last year - Tom Duke at @IPaware @TheCIPA event. Can/should other countries follow?

Oct 29 2014 05:26 ·  reply ·  retweet ·  favourite
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