JUDGMENT
Introduction
[1] This appeal concerned the sale by Kamdar Sdn Bhd (the respondent/ defendant) of certain goods bearing the label 'Hafiz Hamidun'.
[2] Muhammad Hafiz Hamidun (the appellant/plaintiff) sued the respondent/defendant for tort of passing off and succeeded in the High Court. The Court of Appeal reversed the High Court's decision holding that the appellant/plaintiff did not have locus standi to maintain his claim against the respondent/defendant on the ground that the goodwill was established in a company incorporated by the appellant/plaintiff, Mikraj Concept Sdn Bhd ('MCSB').
[3] For convenience, we will refer to the parties as they were in the High Court.
[4] We heard the plaintiff's appeal on 13 April 2021 and after carefully considering the evidence, the divergent judgments of the courts below and learned counsel's submissions, we were of the view that the High Court was entirely correct and that the Court of Appeal was not.
[5] Consequently, we allowed the appeal with costs, set aside the order of the Court of Appeal and restored the order of the High Court. These are the grounds of our decision.
Salient Facts
[6] The facts of the case are relatively straightforward and uncontroversial. Apart from the salient details, we do not propose to repeat what the learned High Court Judge had already adumbrated in his published judgment in Mohammad Hafiz Hamidun v. Kamdar Sdn Bhd [2019] 1 MLRH 454.
[7] The plaintiff is a popular Nasyid singer and song composer. Nasyid is a genre of traditional music incorporating Islamic elements and notions. In addition to his role as an artist, the plaintiff is also in the business of selling fabrics such as Baju Melayu and Kurtas online and in boutiques.
[8] For the purposes of carrying out the plaintiff's trade in fabrics, the plaintiff incorporated MCSB which was later renamed as Haje Sdn Bhd ('HSB').