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Lockheed Martin v Raytheon

 

Raytheon Company and Lockheed Martin Corporation both manufacture laser guided bomb kits that provide warheads with laser guidance capability. Raytheon brand their laser guided bomb kits as PAVEWAY.

In 2008, Lockheed Martin filed an application at the High Court to expunge Raytheon’s PAVEWAY Trade Mark on the alleged basis that PAVEWAY is a generic term describing the technology employed by both companies for their laser guided bomb kits.

High Court Judge Dato’ Azahar bin Mohamad dismissed Lockheed Martin’s application to expunge Raytheon’s Trade Mark. The Court of Appeal upheld the decision. With this Federal Court ruling, the Malaysian courts seem to have reaffirmed the doctrines of first use and territoriality under Malaysian Trade Mark law.

Khoo Guan Huat and Jeffri Cheong acted for Raytheon Company.

 
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