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Cases

SKYWORLD HOLDINGS SDN BHD & ORS v. SKYWORLD DEVELOPMENT SDN BHD & ANOR
Federal Court, Putrajaya
Nallini Pathmanathan, Zaleha Yusof, Rhodzariah Bujang FCJJ
[Civil Appeal No: 02(f)-50-09-2020(w)]
8 April 2022
[2022] 4 MLRA 243

JUDGMENT

Introduction

[1] This Court, on 7 September 2020, allowed the application for leave on appeal the following questions of law to the appellants based on:

Question 1

Whether the use of generic words which form part of a company, corporate, trade of domain name, which such words are also comprised as part of registered trade mark of another party (but which are not registered as a word mark or disclaimed), is deemed to be an infringement of such registered trade mark?

Question 2

If so, what is the definition of "allied field" for the purpose of determining whether such usage in relation to passing off action" is to be considered an act of passing off ?

Question 3

What is the definition of "engaging in a business of an allied field" which would amount to a misrepresentation in relation to a passing off action, where one party has generic words which form part of their company, corporate, trade or domain name, and such words are also comprised as part of a registered trade mark or company name of another party?

CASE HIGHLIGHTS

PRESS METAL SARAWAK SDN BHD v. ETIQA TAKAFUL BERHAD
Federal Court, Putrajaya
2016] 5 MLRA 529
[Civil Appeal No: 02(i)-27-04-2015(W)]
15 August 2016 [+]
TAN POOI YEE v. KETUA PENGARAH JABATAN PENDAFTARAN NEGARA
High Court Malaya, Kuala Lumpur
[2016] 5 MLRH 501
24NCVC-1306-08-2015
18 July 2016 [+]
ILANGOVAN KRISHNAN v. SHIYA SDN BHD
Industrial Court, Johor
[2016] 2 MELR 374
16/4-157/15
27 April 2016 [+]
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