JUDGMENT

Lim Chong Fong J:

Introduction

[1] This is a claim of trade mark infringement, passing off and unlawful interference with trade action.

[2] The plaintiffs are related private limited companies and the 2nd plaintiff is a wholly owned subsidiary of the 1st plaintiff which is involved in the business of property development.

[3] The 1st to 4th defendants are connected and affiliated private limited companies. The 1st defendant is involved in the business of real estate activities with owned or leased properties NEC and activities of holding companies. The 2nd defendant is involved in the business of wholesale of a variety of goods without any particular specialisation in NEC real estate activities with owned or leased property NEC and activities of holding companies. The 3rd defendant is in the business of retail sale of construction materials, hardware, paints and glass. The 4th defendant is in the business of activities in tourism development and management holding company(ies) and conduct or undertake business of management.

[4] The 5th and 6th defendants are individuals and the common shareholder and director of the 4th defendant. The 5th defendant is also the shareholder and director of the 1st to 3rd defendants.

[5] The 1st plaintiff under its original name NTP World Development Sdn Bhd had, on 29 and 30 October 2015, duly registered the following trade marks in class 37 with the Malaysian Intellectual Property Office ("MyIPO"):

No. Mark Registration

[6] In addition, the 1st plaintiff had on 13 July 2017 applied to MyIPO to register the following trade marks in class 37:

[7] That notwithstanding, the 5th defendant had on 23 April 2018 also applied to MyIPO to register the following mark in class 9,16, 28, 35, 36, 38, 41, 42, 43 and 44: