Annotated leading trademark cases in major Asian jurisdictions / edited by Kung-Chung Liu

Includes bibliographical references and index

1.Features of Trademark laws and cases in Major Asian Jurisdictions / Kung-Chung Liu -- 2. Legal consequences of non-use in Indonesia / Prayudi Setiadharma -- 3. Google's keyword advertisement in Taiwan: no use of trademark, but Obviously Unfair / Kung-Chung Liu -- 4. Similarity in appearance, concept or pronunciation alone not yet similarity of marks in Japan / Christopher Heath -- 5. The principles of passing-off under trademark law apply to domain names in India / Prashant Reddy Thikkavarapu -- 6. Market survey recently recognized as a persuasive tool to solve trademark disputes in China / Haiun Jin -- 7. Market survey in Malaysia: an impracticable and undesirable way to adduce evidence in trademark lawsuit / Sik Cheng Peng -- 8. Market survey seldom accepted by Taiwanese courts in Trademark Litigation / Kung-Chung Liu -- 9. Three-dimensional Shape of Coca-Cola Bottles Registrable: Acquired Distinctiveness Evidenced by Questionnaire in Japan / Yoshiyuki Tamura -- 10. International Exhaustion in Singapore: Broad Interpretation of Put on the Market, yet Offer for Sale Excluded / Susanna Leong 11. International Exhaustion of Trademark Rights in India / Arul George Scaria -- 12. The Exhaustion Defence to Trademark Infringement and Parallel Importation in Malaysia / Heng Gee Lim --13. Justifiability of Parallel Import and Trademark Infringement by Imports Produced in Breach of a Licensing Agreement in Japan / Masabumi Suzuki --14. Scope of a Parallel Importer's Permissible Use of a Trademark in Marketing Activities in Korea / Won Bok Lee and Kyoung-Shin Park -- 15. Right of a Trader in India to Use Other Trader's Mark by way that is Reasonably Necessary / Raman Mittal -- 16. Denominative Use of Other's Trade Mark Can Constitute Prima Facie Due Cause under Section 294 of the Indian Trade Marks Act / Renuka Medury --17. Establishing a Parody Defence Standard within the Framework of Taiwan's Trademark Act / Chiang Yachi -- 18. Finding Infringement but Refusing to Grant Permanent Injunction under Chinese Trademark Law / Huaiwen He --19. The Protection of Well-known Marks against Dilution via SPC in China / Weijun Zhang --20. Dilution of a Well-known Trade Mark as Ground for Refusal of Registration of an Identical or Similar Mark for Different Goods or Services in Malaysia / Tay Pek San -- 21. Trade Mark Dilution Before and After Section 294 of the Indian Trade Marks Act / Renuka Medury -- 22. Taiwan IP Court Decisions Tend to Treat Likelihood of Confusion and Likelihood of Dilution as Mutually Interchangeable / Kung-Chung Liu and Fa-Chang Cheng -- 23. Bad-faith Registration of Marks Similar to Well-known Ones as Ground for Registration Cancellation in Indonesia / Prayudi Setiadharma -- 24. Protection of Famous Product Configuration Mark Viagra Trademark for Diamond Shape and Blue Color in Korea / Byungil Kim -- 25. Concurrent Trademark Infringement and Unfair Competition in the Philippines / Alex Ferdinand -- 26. Unregistered Well-known Trademark Owner Accused of Infringement in Japan: Abuse of Right Defense after Five-year Invalidation Period / Masaharu Miyawaki -- 27. Trademark Rights-Infringing Comparative Advertising in India / Arpan Banerjee -- 28. Contributory Trademark Infringement Liability of Online Open Market Operators based on the Civil Code in Korea / Byungil Kim --29. Exclusive Licensee's Rights in Singapore: Contractual and Not Proprietary against Owners of Marks / Sue-Ann Li -- 30. The de-inkage and re-linkage between Trademark Use and Damages in China / Chen Li Defense -- 31. Trademark infringement defense based on non-occurrence of damage in Japan / Ichiro Nakayama -- 32. Determination of damages for trademark infringement by the separate unit retail prices approach in Taiwan / Hao-Yun Chen -- 33. Measure of damages for infringement in Malaysia: lost profits profit margin times loss of sales / Ainee Adam -- 34. Damages for trademark Infringement in Singapore: getting what one deserves? / Benjamin Tham -- 35. Exclusive Jurisdiction over registration claim and applicable law to transfers of foreign trademark rights in Japan / Yasuto Komada -- 36. Principles for applicable law for Trademark infringement in Taiwan applicable to Cases involving Hong Kong Companies / Kung-Chung Liu -- 37. Private international and inter-regional law rules for trademark infringement in Mainland China / Lizhou Wei -- 38. Remedying mischief in deciding Jurisdiction favouring the plaintiff in India / Gargi Chakrabarti and Saahil Dama

"There has been little or no study on trademark laws in Asia on a cross-jurisdictional level. This book aims at filling the existing gap and provides a comprehensive overview of trademark laws of eight major Asian jurisdictions and their most-updated trademark case law. The book analyses six of the principal issues that best reflect Asian features in trademark law and trademark development. The cases in the book are principally the most authoritative decisions, usually the first to deal with certain new emerging issues, or the first to apply particular statutory provisions in the respective jurisdiction. Also included are a small number of direction-changing, outlying or even controversial decisions. Each case report is divided into six sections: summary, legal context, facts, reasoning of the court, legal analysis, and commercial or industrial significance. Readers will find this book useful in both its overview of the legal context and how those cases are to be interpreted legally and commercially"-- Provided by publisher.