Annotated Leading Trademark Cases in Major Asian Jurisdictions

Cover
Half Title
Series
Title
Copyright
Contents
List of contributors
Part 1 Introduction
	1 Features of trademark laws and cases in major Asian jurisdictions
Part 2 Use of trademarks/likelihood of confusion on the Internet
	2 Legal consequences of non-use in Indonesia
	3 Google’s keyword advertisement in Taiwan: no use of trademark, but obviously unfair
	4 Similarity in appearance, concept or pronunciation alone does not automatically lead to similarity of marks in Japan
	5 The principles of passing off under trademark law apply to domain names in India
Part 3 Application of market survey in solving trademark disputes
	6 Market survey recently recognised as a persuasive tool to solve trademark disputes in China
	7 Market survey in Malaysia: an impracticable and undesirable way to adduce evidence in trademark lawsuit
	8 Market survey seldom accepted by Taiwanese courts in trademark litigation
	9 Three-dimensional shape of Coca-Cola bottles registrable: acquired distinctiveness evidenced by questionnaire in Japan
Part 4 Limitation of trademark rights
	10 International exhaustion in Singapore: broad interpretation of “put on the market”, yet offer for sale excluded
	11 International exhaustion of trademark rights in India
	12 The exhaustion defence to trademark infringement and parallel importation in Malaysia
	13 Justifiability of parallel import and trademark infringement by imports produced in breach of a licensing agreement in Japan
	14 Scope of a parallel importer’s permissible use of a trademark in marketing activities in Korea
	15 Right of a trader in India to use another trader’s mark by way that is reasonably necessary
	16 “Denominative” use of another’s trademark can constitute prima facie “due cause” under Section 29(4) of the Indian Trade Marks Act
	17 Establishing a parody defence standard within the framework of Taiwan’s Trademark Act
	18 Finding infringement but refusing to grant permanent injunction under Chinese Trademark Law
Part 5 Protection of well-known marks
	19 The protection of well-known marks against dilution via SPC in China
	20 Dilution of a well-known trademark as ground for refusal of registration of an identical or similar mark for different goods or services in Malaysia
	21 Trade mark dilution before and after Section 29(4) of the Indian Trade Marks Act
	22 Taiwan IP Court decisions tend to treat likelihood of confusion and likelihood of dilution as mutually interchangeable
	23 Bad-faith registration of marks similar to well-known ones as ground for registration cancellation in Indonesia
	24 Protection of famous product configuration mark (Viagra trademark for diamond shape and blue colour) in Korea
	25 Concurrent trademark infringement and unfair competition in the Philippines
	26 Unregistered well-known trademark owner accused of infringement in Japan: abuse of right defence after five-year invalidation period
Part 6 Infringement and damages
	27 Trademark rights-infringing comparative advertising in India
	28 Contributory trademark infringement liability of online open market operators based on the civil code in Korea
	29 Exclusive licensee’s rights in Singapore: contractual and not proprietary against owners of marks
	30 The de-linkage and re-linkage between trademark use and damages in China
	31 Trademark infringement defence based on non-occurrence of damage in Japan
	32 Determination of damages for trademark infringement by the separate unit retail prices approach in Taiwan
	33 Measure of damages for infringement in Malaysia: lost profits (~profit margin) times loss of sales
	34 Damages for trade mark infringement in Singapore: getting what one deserves?
Part 7 Jurisdiction and applicable law in trademark litigation
	35 Exclusive jurisdiction over registration claim and applicable law to transfers of foreign trademark rights in Japan
	36 Principles for applicable law for trademark infringement in Taiwan applicable to cases involving Hong Kong companies
	37 Private international and inter-regional law rules for trademark infringement in mainland China
	38 Remedying mischief in deciding jurisdiction favouring the plaintiff in India
Index