JUDGMENT
Introduction
[1] This is an appeal against the decision of the High Court of Malaya at Kuala Lumpur (Commercial Division) in Civil Suit No: WA-22IP-58-09/2021.
[2] The learned Judicial Commissioner dismissed the appellants' (plaintiffs at the High Court) claim for unlawful interference with trade and allowed the respondent's (defendant at the High Court) counterclaim for abuse of legal process, ordering the Appellants to pay:
(i) General damages: RM200,000.00;
(ii) Exemplary damages: RM300,000.00;
(iii) Costs: RM100,000.00 (subject to allocatur); and
(iv) Interest at 5% per annum from 24 September 2021 until full settlement.
[3] We dismissed the appeal and the following are the reasons of our decision.
Background Facts
[4] The background facts are largely undisputed and have been agreed upon by both parties. They are comprehensively set out in the trial judgment and may be summarized as follows.
[5] The respondent is a Thai company and the creator, originator, and registered proprietor of the "Red Bull" trademarks globally, including in Malaysia, where it holds 13 trademark registrations dating from 1988 to 2018, and in China, where it also holds registered trademarks.
[6] In 1995, the Respondent entered into a joint venture agreement with three other parties to produce and sell Red Bull vitamin energy drinks in China. The 2nd Appellant was the joint-venture company formed for this purpose.
[7] Pursuant to the joint venture, several licence agreements were executed between the Respondent and the 2nd Appellant, granting the 2nd Appellant rights to use the Red Bull trademarks in China. Critically, all these licence agreements expired on 6 October 2016 and have not been renewed. None of these agreements authorized the appellants to register or use any domain names incorporating the Red Bull trademarks.