AL BAIK FAST FOOD DISTRIBUTION CO SAE vs EL BAIK FOOD SYSTEMS CO SA & ANOTHER APPEAL

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2016 MarsdenLR 263

COURT OF APPEAL PUTRAJAYA
AL BAIK FAST FOOD DISTRIBUTION CO SAE – Appellant
Versus
EL BAIK FOOD SYSTEMS CO SA & ANOTHER APPEAL – Respondent

Petitioner Advocates:Steven Cheok Hou Cher,Ng Kim Poh,Nicole Chong ,Respondent Advocate: Indran Shanmuganathan,Loi Choi Yoke,Kok Pok Ching,Ong Hong Keit

Table of Content
1. the appeal involves substantial trademark law issues including validity and rights. (Para 1 , 2 , 3)
2. evaluating claims of non-use and bad faith registration is critical in trademark disputes. (Para 4 , 5 , 6)
3. court emphasizes the necessity of genuine use to maintain trademark registrations. (Para 60 , 61 , 62)

Hamid Sultan Abu Backer JCA:

[1] The appellant/defendant in Appeal No: W-02(IPVC)(A)-401-03-2015 ("401") is an Egyptian Company and the respondent is a Saudi Company. The appellant/defendant in Appeal No: W-02(IPVC)(A)-1653-10-2015 ("1653") is the Saudi Company and the respondent is the Egyptian Company. In Appeal No: '401', the application was made under s 45 of Trade Marks Act 1976 (" TMA 1976"). In Appeal No: '1653', the application was made under s 46 of 1976.

[2] In Appeal No: 401, Saudi Company managed to expunge the Egyptian Company's trade mark. In Appeal No: 1653, the Egyptian Company managed to remove the Saudi Company's trade marks from the register. In essence, both trade marks are expunged. The learned trial judge had meticulously explained the trade marks of the Saudi Company as well as the Egyptian Company in two separate judgments. W

Click Here to Read the rest of this document

2016 MarsdenLR 263

COURT OF APPEAL PUTRAJAYAAL BAIK FAST FOOD DISTRIBUTION CO SAE – AppellantVersusEL BAIK FOOD SYSTEMS CO SA & ANOTHER APPEAL – Respondent

Cases Referred (3)

COURT OF APPEAL PUTRAJAYA
AL BAIK FAST FOOD DISTRIBUTION CO SAE – Appellant
Versus
EL BAIK FOOD SYSTEMS CO SA & ANOTHER APPEAL – Respondent