TCE SPORTS SDN BHD v BULLZEN SPORT (MALAYSIA) SDN BHD

p-02ipcvw-483-03-2023 Court of Appeal (Mahkamah Rayuan) 11 December 2024 • P-02(IPCv)(W)-483-03/2023 • 13 min read
3 cases cited (0 SG, 3 foreign)

Outcome

Conclusion [29] For these reasons we allowed the plaintiff’s appeal and set aside the5 judgment of the court below. We granted judgment as follows: (a) we allowed prayers A to J in the statement of claim; (b) we directed an inquiry as to damages payable by the defendant to the plaintiff; (c) we directed that the defendant bears pre-judgment interest at a rate10 of 5% per annum on the principal amount of the damages payable from 7 March 2022 until 12 December 2024.

Quoted verbatim from the judgment of Court of Appeal (Mahkamah Rayuan) (p-02ipcvw-483-03-2023). Read the full judgment on the official Malaysia Courts portal for the complete decision.

Catchwords

Passing off; whether the product packaging was confusingly similar; the requirement to evaluate the get-up from the entirety of the product packaging; evidence of sale of products would constitute good evidence as to the existence of goodwill.

Practice Areas

Intellectual Property

Judges (3)

Azizah binti Haji Nawawi Coram Azizul Azmi bin Adnan Delivered Mohd Firuz bin Jaffril Coram

Counsel (7)

Chung Chambers Firm Timothy J Dass & Co Firm Chung Wei Leng Counsel Respondent Ng Siok Lyn Counsel Respondent Prayveen Raj Suparamaniam Counsel Appellant Tan Jing Xuan Counsel Respondent Timothy Joseph Dass Melchior Counsel Appellant

Parties (2)

BULLZEN SPORT Sdn Bhd Respondent TCE SPORTS Sdn Bhd Appellant

Statutes Cited

Trade Marks Act 2019 (Cap 815)

Cases Cited (3)

MY (3)
[2004] 4 MLJ 358 [2008] 3 MLJ 574 [2022] 5 CLJ 74

Judgment

Read the full judgment on the official Malaysia Courts portal.

Read on eJudgment

Source: eJudgment (p-02ipcvw-483-03-2023)