The following represents Azarith Sofia’s experience prior to joining Low & Partners:
IP ENFORCEMENT & CONTENTIOUS MATTERS
Infringement, Passing Off & Unauthorised Use
- Advised various corporate clients in respect of alleged infringement arising from the unlicensed use of proprietary commercial fonts pursuant to enforcement claims initiated by Monotype Imaging Inc. This includes reviewing the allegation notices, advising on licensing obligations, assessing exposure risks and preparing formal responses to the rights holder.
2. Advised and acted for various clients in respect of infringement, passing-off and unauthorised use of their trademarks, copyrights and industrial designs, which included preparing and issuing Cease & Desist Letters, Letters of Undertaking, Warning Notices and Written Notices. Clients include:
- Al Rajhi Banking & Investment Corporation (Malaysia) Berhad (Al Rajhi Bank) — unauthorised use of corporate name and registered trademarks.
- Bank Kerjasama Rakyat Malaysia Berhad (Bank Rakyat) — unauthorised use of trademarks on website and brochures.
- Datin Norjuma Binti Habib Mohamed (AIDIJUMA) — industrial design infringement of scarf designs.
- Edaran Badang Sdn Bhd (EBSB), subsidiary of Kulim (Malaysia) Berhad — industrial design and copyright infringement by business owners.
- Universiti Putra Malaysia (UPM) — infringement by researcher and former licensee.
3. Advised Syarikat Motosikal dan Enjin Nasional Sdn Bhd (MODENAS) in respect of cross-border trademark enforcement and brand protection, including preparing and issuing cease and desist letters against its former distributor in foreign jurisdictions for the unauthorised use of MODENAS trademarks and advising on cancellation and invalidation actions against conflicting trademark registrations in foreign jurisdictions.
4. Advised Sinhua Hock Kee Trading (M) Sdn Bhd (via Mirandah Law LLP) in respect of potential trademark infringement and passing-off by an alleged infringer in Malaysia.
5. Advised Open University Malaysia (OUM) in respect of unauthorised use of OUM’s trademarks on online marketplaces (including Shopee). This includes preparing warning notices and enforcement correspondence.
6. Provided legal advice and services to Scomi Transit Projects Sdn Bhd in respect of intellectual property ownership of manufacturing drawings developed pursuant to the KL Monorail Fleet Expansion Project.
7. Advised client (a leading automotive company in Malaysia) in respect of a potential infringement of Warner Bros. Entertainment Inc.’s intellectual property (relating to Harry Potter Films) pursuant to the alleged unauthorized use of such intellectual property by the client in its promotional campaign.
8. Assisted MyCreative Ventures Sdn Bhd in respect of enforcement of its subsidiary company’s registered trademark, including drafting a letter of demand against the infringer.
9. Advised and represented a Malaysian television channel relating to a letter of demand issued by Public Performance Malaysia (PPM) Berhad’s solicitor in respect of an alleged copyright infringement.
10. Advised research and educational institutions as well as local and foreign companies in respect of copyright, industrial design, patent and trademark infringement issues (clients include Perusahaan Otomobil Nasional Sdn Bhd (PROTON), Universiti Malaya, QSR Brands (M) Holdings Bhd, CS Holidays Sdn Bhd, NBC Universal, IDOTTV Sdn Bhd and Kent Pet Group, Inc).