Protection of trademark ownership rights
A brief account of some of the Trademark
infringement cases
handled by MYANMAR TRADEMARK AND PATENT LAW
FIRM
1. The infringement
case of "STOLICHNAYA” Trademark (Russian
Vodka) , representing by the authority of
SPIRITS INT'L N.V, Switzerland
In the year 2007, we have
given strong cease and desist letters to the
infringing sale centers in Yangon where the
bottles of liquor bearing Counterfeit mark
STOLICHNAYA were being distributed. As the
result, all the sales centers entirely
stopped selling the imitated products and
thus, litigation was not necessary.
2. The infringement
case of " "
Trademark
representing by the authority of Big C
Supercenter Public Co., Ltd., Thailand
In the year 2007, we have
also sent the cease and desist letter to the
proprietor of a local super market which
used the identical of above trademark as its
name. After sending cease and desist letter,
the said proprietor came to discuss with us
and as a result the said super market came
to a close , the registration of opposite
party’s mark was withdrawn and amicable
solution was reached.
3. The infringement
case of GE Trademark
representing by the authority of GENERAL
ELECTRIC COMPANY, USA
Also in the year 2007, we
have sent the cease and desist letter to the
infringer who was using identical of GE
Trademark
.
we received first response from the attorney
of opposite party and let him view the
evidential documents revealing our client’s
strong status. Then , according to the
attorney of the opposite party, the
infringement action has ceased by the
infringer since the time of receiving our
cease and desist letter, thus the litigation
was not necessary.
4. The litigation
regarding the Ownership Right of Trademark " "
representing by the authority of MJM Holding
Co., Ltd., Singapore
In the year 2008, that
was our turn to receive cease and desist
letter from the opposite party regarding the
ownership right of the trademark ""
registered by our Client to be used in
respect of milk and milk products. After
reviewing all the circumstances, the case
was brought to the Court by us with civil
law suit against the opposite party, which
ended to the favour of our client.
5. The infringement case of UD
trademark-
Representing by the authority of UD Trucks
Corporation (Former name: NISSAN DIESEL
MOTOR CO., LTD.), JAPAN
In the year 2010, we sent
cease and desist letter to the infringer and
the infringer subsequently came to meet us
in person to affirm that he would
discontinue using their counterfeit mark.
6. The infringement
case of Trademark “DR. MARTENS &
Representing by the authority of “Dr.
Martens International Trading GmbH” and “Dr.
Martens Marketing GmbH”
In the year 2009 we sent
the cease and desist letters simultaneously
to the dozens Of sales out-lets in
Yangon and Mandalay where the foot wearing
with the imitation of above marks were seen
in display. After the cease and desist
letters, the cautionary notice of above
trademarks are being advertised in the local
newspaper every year and according to the
local distributor , the retailers at present
are no more dare to import imitated brands
due to the risk of legal action.
7. The infringement case of "Balenciaga"
trademark
representing by the authority of BALENCIAGA,
France
In this year 2011, we
sent cease and desist letters to the two
infringers respectively. The attorney of
first infringer came to meet us to have
discussion. As a result, the first infringer
revoked his trademark registration and then
inserted an advertisement in the newspaper
to declare his cancellation of trademark
registration and his apology. We still need
to handle the second infringer.
8. The infringement case of KFC trademark
Representing by the authority of Kentucky
Fried Chicken International Holdings Inc,
In the year 2013, we sent strong cease and
desist letters to the infringer who has
registered KFC trademark in Myanmar and even
setup a restaurant with KFC signboard to
sell fried chicken. It has been some
arguments between their lawyer and our firm
and finally the opposite party stopped using
KFC mark and revoked its registration.
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