LAW Partnership assisted renowned cakes and bakery brand from Taiwan, Donutes, to secure their intellectual property (IP) rights when the High Court recognised them as the rightful owner of the DONUTES trade marks, and the operating systems and processes in Malaysia.
This suit involved complex issues relating to the law of contract and IP whereby the ownership of the trade marks in Malaysia were disputed amongst the original brand owner and the former authorised vendor for overseas business and promotion. This following the termination of the licence agreement between the two.
The High Court decided that the original brand owner was the rightful proprietor of the DONUTES trade marks in Malaysia, and ordered that the trade marks registered by the former vendor be expunged from the Trade Mark Register pursuant to s.45 of the Trade Marks Act (TMA) 1976. This matter is pending appeal at the Court of Appeal at the time of writing as at 22nd January 2020.
This matter is significant in that LAW Partnership successfully managed to have the rightful brand owner of DONUTES to cement their trade mark rights to the mark DONUTES in Malaysia.