Nothing escapes the eye of the relevant consumer

We acted for F & N Dairies (M) Sdn Bhd ("F & N Dairies") in resisting a claim of industrial design infringement for the design of a bottle that the claimants, Tropicana Products Inc. (Tropicana Products) claimed was novel. Tropicana Products sought to apply for leave to the Federal Court to appeal against the decision of the Court of Appeal reversing a finding of infringement against F&N Dairies. The Federal Court dismissed Tropicana's application.

In delivering its decision, the Federal Court confirmed that:

  1. when deciding on registrability of a design, eye appeal to the relevant class of customers is important;
  2. the relevant class of customers is considered to be the consumers of the finished article based on the design that is registered, and not consumers of the article that has been dressed up by external labels and with consumable contents included in the article;
  3. in determining the novelty of a design, the eye of the relevant class of customers is applicable to determine any difference between the design and prior art.

Khoo Guan Huat and Hemalatha Parasa Ramulu acted for F & N Dairies.

 
ACCOLADES & AWARDS

Asian Legal Business Malaysia Law Awards 2018

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Skrine has been ranked as Arbitration Law Firm of the Year and Maritime Law Firm of the Year.

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The Chambers Asia Pacific 2018 Rankings

Skrine has been ranked as Leading Firm for Dispute Resolution, Intellectual Property and Projects, Infrastructure & Energy.

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The Legal 500 Asia Pacific 2018 Rankings

Skrine is pleased to announce that the Firm has achieved seven Tier 1 practice area rankings in The Legal 500 Asia Pacific 2018.

Our Tier 1 rankings are in the following areas: 
  • Banking and Finance
  • Corporate and M&A
  • Dispute Resolution
  • Intellectual Property
  • Technology, Media & Telecommunications
  • Real Estate and Construction
  • Labour and Employment

Skrine was also listed as one of the leading firms in the areas of Projects & Energy, and Shipping. 

Four Skrine partners were ranked as leading lawyers in their respective areas. 

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