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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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RT @INTABrussels: The @INTA Bulletin reports on our 1st ever #amicus intervention before the #GeneralCourt @EUCourtPress https://t.co/NaSK

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Pleased to support @IPaware #WorldIPDay event in the @HouseofCommons last week with @PeteWishart & @LNevilleRolfe https://t.co/XAFbCLHR7q

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Congratulations @VennerShipley! The one-stop-shop IP trend continues ... https://t.co/i6kHc332kt

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