JUDGMENT

Introduction

[1] This is the appellants/plaintiffs appeal against the whole of the High Courts 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.