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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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The week in IP - @mdloney's round-up: Rihanna, DC Comics, Lycos, Rockstar Games, Alibaba http://t.co/MgIDUYBk9B http://t.co/ZSw4U4dLrU

May 22 2015 04:23 ·  reply ·  retweet ·  favourite
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Lisbon Union members adopt new Treaty & Regulations @WIPO ($/trial) http://t.co/HBZTxdpBx1 #GI #trademark http://t.co/yP77IuUKdt

May 22 2015 03:23 ·  reply ·  retweet ·  favourite
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Have you used the new, improved search function on our website? Here's what a search for "google" returns http://t.co/4dnpb35mBf

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