5 Mar 2025
Officine Nicola Galperti & Figlio S.p.A. established first use of the GALPERTI mark in Malaysia but, absent any evidence of assignment or licence transferring rights to the appellant, the appellant had no legal right to register the mark; therefore the appeal fails.
29 Nov 2024
On the balance of probabilities the plaintiff proved use of the Plaintiff's Mark since 2009, the defendant failed to prove earlier use of the Defendant's Mark, the marks compared as a whole are not confusingly similar and the Plaintiff's Mark is distinctive; therefore the Registrar erred in allowing the Defendant's Opposition and the Registrar's decision must be set aside.
19 May 2023
Leave to amend the Defence was granted because there was no inordinate or inexcusable delay, the proposed amendments were relevant to the central disputes about competing trademark rights, they would not change the character of the suit, and any prejudice to the Plaintiff was compensable by costs; amendments allowed subject to specified costs and filing timelines.
28 Dec 2021
The court held that although the plaintiff possessed an injunctable interest and raised unusually strong questions to be tried, the balance of convenience favoured the defendants because the plaintiff would not suffer irreparable harm not compensable by damages and the marks and markets were sufficiently distinct; accordingly the ex parte interlocutory injunction was set aside and the plaintiff's interlocutory application dismissed, with the court exercising its inherent power to stay the defendants' pending trademark registrations until final determination.