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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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@RuthCTaylor BTW To read a WSJ article, type the headline into Google. Clicking on the Google search result gets past paywall :-) #toptip

Sep 4 2015 04:20 ·  reply ·  retweet ·  favourite
ManagingIP profile

@RuthCTaylor Article says 27 states have passed laws, but doesn't list them all unfortunately, so not clear

Sep 4 2015 04:19 ·  reply ·  retweet ·  favourite
ManagingIP profile

Trade-marks, patent eligibility & interim injunctions: it must be the Canada IP Focus 2015 http://t.co/Bul5tfFCiW http://t.co/oGLr8Ipp4U

Sep 4 2015 04:16 ·  reply ·  retweet ·  favourite
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