The victory handed by the High Court of Trademark Malaysia to CREAGRI Inc. in the dispute opposing it to 10B International ("10B")--a Malaysia company--for the ownership of the trade marks OLIVENOL, OLIVENOL Livin' and OLIVENOL Plus, leaves no doubts: the brand name OLIVENOL belongs definitively and irrevocably to CREAGRI Inc. The court order was issued in response to a lawsuit 10B had brought against CREAGRI after the Hayward (California) based company had terminated--for non performance--the collaboration, distribution and licencing agreement it had established in 2007 with 10B International for the commercialization of OLIVENOL Livin' in Malaysia. Following the dissolution of the collaboration with 10B, CREAGRI had created CREAGRI International--a Kuala-Lumpur based joint-venture--to continue marketing OLIVENOL Plus to Southeast Asia and nearby countries. 10B International, fraudulently purporting that it had acquired rights to the use of CREAGRI's trademark, recurred to Malaysia's High Court asking for an injunction preventing CREAGRI from marketing its products in Malaysia. The request for injunction has now been irrevocably denied.
"The verdict of the High Court not only dismisses the accusations brought forward by 10B International, but provides also that CREAGRI and its partners should recover the damages caused by the unwarranted legal action brought by 10B," declares Dr. Roberto Crea, CREAGRI's President and CEO.
The High Court order to 10B to cease and desist from using CREAGRI's trademarked logo OLIVENOL extends also to the usage of any word, name or mark that is deceptively, colourably or confusingly similar. In such instances the court order provides not only for pecuniary restitution but mandates also penal prosecution in the event of a breach of the court order.
"We salute and appreciate the thorough and outstanding work done by our legal counsels and the decision of the High Court in reaffirming the international rights of our Company to its intellectual property," adds Dr. Crea. "I was very impressed by the analysis provided by the presiding Judicial Commissioner in tendering the judgement in favor of CREAGRI." As effect of this victory, no other products will ever bear the trademark OLIVENOL other than those manufactured and distributed by CREAGRI Inc., and its partner CREAGRI International.
"I say to all those who have, or are, infringing on our intellectual property and our trademarks, take notice that CREAGRI Inc., and CREAGRI International will not hesitate to take immediate legal action to protect their rights and interests," added Mr. YY Chong, Managing Director of CREAGRI International, "including, but not limited to, commencing civil proceedings for injunctive relief, delivery up, damages and any other disciplinary measures--either of monetary or penal nature--the Courts may consider appropriate."
read more: http://www.marketwatch.com/story/actively-protecting-its-brand-name-olivenol-creagri-inc-prevails-in-an-intellectual-property-dispute-in-malaysia-2011-10-10
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