INTELLECTUAL PROPERTY CASE STUDY

BACKGROUND:
A British manufacturer of biscuits has been selling cookies in
Malaysia for more than 20 years, and has had a registered trade
mark 'ChipsMore' for these goods during that time.
Two years ago a Malaysian company started manufacturing and
selling cookies under the brand 'ChipsPlus.'

DANONE BISCUITS
ISSUES: MANUFACTURING
(M) SDN BHD v.
1. The identical phonetic representation of the prefix HWA TAI
“Chips” INDUSTRIES BHD
2. The similar import of the suffixes “Plus” and “More” RESULT:
3. The omission of the space between the two individual The Malaysian court held that 'ChipsPlus' was an
words “Chips” and “Plus”, corresponding to omission of infringement of 'ChipsMore' as they were similar
the space between the two individual words “Chips” and marks for identical goods and likely to deceive
“More” or cause confusion. In particular, the 'Chips' part
4. The larger letter “C” of the prefix and “P” of the suffix was phonetically identical, the suffixes 'More'
compared to the rest of the Chipsplus trade mark, and 'Plus' have a similar meaning, and the
corresponding to the larger letter “C of the prefix and “M” formatting of the words was similar.
of the suffix compared to the rest of the ChipsMore trade
mark
5. The similar stylized double perimeter around the
alphabets of both trade marks.

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