SKYWORLD DEVELOPMENT SDN BHD & ANOR v. SKYWORLD HOLDINGS SDN BHD & ORS

[2020] 3 MLRA 178
Court of Appeal, Putrajaya
Hamid Sultan Abu Backer, Hanipah Farikullah, Kamaludin Md Said JJCA
[Civil Appeal No: W-02(IPCV)(W)-383-02-2019]
Hamid Sultan Abu Backer, Hanipah Farikullah, Kamaludin Md Said JJCA

JUDGMENT

Kamaludin Md Said JCA:

Introduction

[1] This is the appellants/plaintiffs' appeal against the whole of the High Court's decision which dismissed the appellants/plaintiffs' claims against the respondents/defendants for trade mark infringement, passing off and unlawful interference with trade.

[2] The parties shall hereinafter be referred to as they were at the High Court.

[3] The plaintiffs are the registered owner of the SkyWorld Registered Trade Marks in Class 37 as follows:

[4] The plaintiffs claim that the word "SkyWorld" is a prominent feature of the SkyWorld Registered Trade Marks. In addition, the word "SkyWorld" forms part of the plaintiffs' company names and started using the "SkyWorld" Marks in 2014.

[5] The 1st to 4th defendants (Corporate Defendants) were all incorporated in 2017. The Corporate Defendants have been using the marks/words "Skyworld" and "Sky World" in relation to their company names, domain name as well as for their purported "Sky World City Sabah" project.

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