LOW CHI YONG v. LOW CHI HONG & ANOR

[2017] 6 MLRA 412
Federal Court, Putrajaya
Zulkefli Ahmad Makinudin PCA, Suriyadi Halim Omar, Hasan Lah, Zainun Ali, Aziah Ali FCJJ
[Civil Appeal No: 02(f)-16-03-2017 (K)]
Zulkefli Ahmad Makinudin PCA, Suriyadi Halim Omar, Hasan Lah, Zainun Ali, Aziah Ali FCJJ

Trade Mark : Infringement of - Use of trade mark - Appellant claimed respondents infringed his registered trade mark - Whether appellant had exclusive right over use of trade mark - Whether appellant established prima facie case of infringement of trade mark by respondents - Whether appellant had assigned trade mark to respondents - Whether appellant guilty of estoppel, acquiescence or laches

The appellant in this case had filed a claim at the High Court against the respondents for infringement of his "Reynox" registered trade mark ('Reynox trade mark') for liquid fertilizer and for passing off. The High Court held that the Reynox trade mark had been registered in the name of the appellant and that he was the registered owner of the trade mark, having the exclusive right pursuant to s 35(1) of the Trade Marks Act 1976 ('TMA 1976') to use the Reynox trade mark. Dissatisfied, the respondents appealed and the Court of Appeal in setting aside the decision of the High Court held that the Reynox trade mark had been used by the respondents with the consent and approval of the appellant. In this appeal, the question of law related to, whether the a

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