JUDGMENT

Suriyadi Halim Omar FCJ:

[1] The plaintiff, (hereinafter referred to as the appellant), filed a claim at the High Court at Alor Setar against the defendants (hereinafter referred to as the respondents) for infringement of his "Reynox" registered trade mark (the trade mark) and for passing off. Reynox was the trade mark name for liquid fertilizer.

[2] The 1st respondent is the brother of the appellant.

[3] In their defence, the respondents alleged that the registration of the trade mark for liquid fertilizer had been obtained by the appellant by fraud committed on the 1st respondent. The respondents alleged that the trade mark was to be registered in the name of the appellant and the 1st respondent initially, and thereafter to be transferred to the 2nd respondent.

[4] The 2nd respondent was formed to take over the production, business, sale and distribution of the above-mentioned Reynox liquid fertilizer, with the appellant and the 1st respondent each owning equal share in the 2nd respondent. The appellant was also a director in the 2nd respondent.