Malaysia: Stripes Striped
In the case of Majlis Sukan Negara v Mesuma Sdn Bhd, the High Court of Malaya at Kuala Lumpur adjudged Mesuma Sdn. Bhd. to have committed the tort of passing-off while simultaneously rejecting Mesuma Sdn Bhd’s counter claim for trade mark infringement.
Majlis Sukan Negara Malaysia (National Sports Council of Malaysia) (hereinafter referred to as “the Plaintiff”) is a statutory body established...
Malaysia: Ken Holdings & Ors succeed
In the case of Ken Holdings Berhad & Ors v Sri Seltra Sdn Bhd & Ors, the High Court of Malaya at Kuala Lumpur adjudged Sri Seltra Sdn Bhd & Ors to have committed the tort of passing of while simultaneously rejecting Sri Seltra Sdn Bhd & Ors counter claim for defamation and unlawful interference.
Ken Holdings Berhad & Ors (hereinafter referred to as “the Plaintiffs”) operate...
Malaysia: Exporter Does Not Infringe A Locally Registered Trade Mark
In the case of Finder Industries (M) Sdn. Bhd. V M B Products (M) Sdn. Bhd., the High Court of Malaya at Melaka, Malaysia dismissed the Plaintiff’s claims for infringement and passing off.
Finder Industries (M) Sdn Bhd (hereinafter referred to as “the Plaintiff”) is a company incorporated in Malaysia and is a registered proprietor of the trade mark “O’Lagenda” claiming coffee, tea and cocoa in...
Malaysia: Court of Appeal Found Magic Boo Innocent
In the case of Magic Boo Beauty Sdn Bhd v Koh Chui Ngoh T/A Perniagaan Lily, the Malaysian Court of Appeal overturned the High Court’s decision and declared Magic Boo Beauty Sdn Bhd free from the alleged claim of passing off.
Koh Chui Ngoh T/A Perniagaan Lily (hereinafter referred to as ‘the Respondent’) claimed to have imported into Malaysia and sold in the Malaysian market goods with the...
Malaysia: What’s In A Name? Everything!
In the case of Tai Foong Lam v Hamdi Abdullah & 3 Ors, the Malaysian Court of Appeal overturned the High Court’s decision of allowing Hamdi Abdullah and others to continue using the name of their dissolved partnership firm and allowed Tai Foong Lam’s appeal without costs.
Tai Foong Lam (hereinafter referred to as “the Appellant”) and Hamdi Abdullah and Vincent Chan Siew Onn (hereinafter...
Malaysia: Trinity v Trinity
In the case of Trinity Group Sdn Bhd v Trinity Corporation Berhad, the High Court in Malaysia adjudged Trinity Corporation Berhad to have committed the tort of passing off and allowed the claims made by Trinity Group Sdn Bhd with costs.
Trinity Group Sdn Bhd (hereinafter referred to as ‘the Plaintiff’) is a private limited company incorporated in 2004 and involved in the business of project...
Malaysia: It’s A SWISS success
In the case of Chocosuisse Union Des Fabricants Suisses De Chocolat & Ors v. Maestro Swiss Chocolate Sdn Bhd & Ors, the Court of Appeal reversed the High Court’s decision of dismissing Chocosuisse Union Des Fabricants Suisses De Chocolat & Ors claim against Maestro Swiss Chocolate Sdn Bhd & Ors for the tort of extended passing off and their claim under the Geographical...
Malaysia: It’s tough to SOCIALize
In the case of Tan Mei Li & Ors v Golden Regal Restaurant Sdn. Bhd., the High Court of Malaya at Kuala Lumpur adjudged Golden Regal Restaurant Sdn. Bhd. to have committed the tort of passing-off their business as that of Tan Mei Li & Ors.
Tan Mei Li & Ors (hereinafter referred to as ‘the Plaintiffs’) are the proprietors of restaurants and manage and operate the business of...
Malaysia: A Pet Story
In the case of Network Pet Product (M) Sdn. Bhd. v Royal Canin SAS and Anor, the High Court of Malaya at Kuala Lumpur dismissed Network Pet Product’s appeal claiming injunction against Royal Canin SAS.
Network Pet Product (M) Sdn. Bhd. (hereinafter referred to as ‘the Plaintiff’) is a company incorporated in Malaysia carrying on the business of trading and manufacturing of pet products. Royal...
Malaysia: A Gem of a Story
In the case of Degem Berhad & Anor v De Gem Goldsmith & Jewellery Sdn. Bhd. & Ors, the High Court of Malaya at Kuala Lumpur adjudged De Gem Goldsmith & Jewellery Sdn Bhd & Ors to have committed the tort of passing-off their business as that of Degem Berhad & Anor.
Degem Berhad (hereinafter referred to as “the 1st Plaintiff”) was incorporated in Malaysia in...