Author Archives: admin

Lessons from Malaysiakini Contempt Proceedings

By Joseph Cheah On 19th February 2021, the Federal Court has fined online news portal Malaysiakini for contempt of court over readers’ comments. Interestingly, the Attorney General had recommended a fine of RM200,000 only, however the Court had imposed a fine of RM500,000 instead.   The Facts: On 9th June 2020, Malaysiakini had published an[Read More]

Trademark Infringement in Shopee Platform

  Facts: A&M Beauty Wellness Sdn Bhd (“A&M”) is a personal care company and has skincare and beauty products. It sought an injunction against Shopee to force them to remove all products bearing the ‘AM’ brand (until conclusion of a trial).   Decision of the Court: Shopee is not obligated to remove the products. The[Read More]

Federal Court : LAD for late delivery of home to be calculated from the date of payment of booking fee

By Joseph Cheah In a landmark decision by the Federal Court on 19th January 2021, the Court held that if the developer fails to deliver vacant possession within the stipulated time, the calculation of the Liquidated Ascertained Damages (“LAD”) shall begin to run from the date of payment of the booking fee. A.     [Read More]

Esports Tournament Organizers: Legal Matters You Should be Aware of

By Joseph Cheah   When Malaysia implemented lockdown in March last year, we saw a spike in online esports tournaments. This comes as no surprise as more people are stuck at home, and arguably more time on their hands. Putting together an online tournament is also generally ‘easier’ as compared to in-person tournaments, where you[Read More]

Can You Return a Product That You Wrongly Bought?

By Joseph Cheah   Microsoft have had the following gaming consoles in the market: Xbox One X (discontinued around 16th July 2020) Xbox One S All-Digital (discontinued around 16th July 2020) Xbox One S (available for purchase) Xbox Series X (available on 10th November 2020) Xbox Series S (available on 10th November 2020) The above[Read More]

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