Mohammad Hafiz bin Hamidun Kamdar Sdn Berhad

Mohammad Hafiz bin Hamidun Kamdar Sdn Berhad

Where a celebrity has established factual goodwill in a name or indicium, the celebrity (or his licensee/related entity) has locus standi to sue in passing off against a third party misrepresenting that name; corporate form or technical non-joinder cannot defeat such a claim; the Federal Court restored the High Court's finding that the appellant owned the goodwill and allowed the appeal.

Citation
02(f)-64-10/2020(W) (Mahkamah Persekutuan)
Parties
Appellant/plaintiff: Mohammad Hafiz bin Hamidun; Respondent/defendant: Kamdar Sdn Berhad
Court
f
Jurisdiction
Malaysia
Judgment Date
13 April 2021
Case Number
02(f)-64-10/2020(W) (Mahkamah Persekutuan)
Procedural Posture
Civil Appeal / Final Appellate Judgment of the Federal Court
Outcome
Appeal allowed.
Legal Topics
Passing Off, Goodwill, Locus Standi, Lifting of Corporate Veil, Celebrity Endorsement, Implied Licence
Source Language
Malay/English
Intellectual Property Tort Law Company Law Civil Procedure Passing Off Goodwill Locus Standi Lifting of Corporate Veil +2 more

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Parties

Mohammad Hafiz bin Hamidun

Appellant/plaintiff

Kamdar Sdn Berhad

Respondent/defendant

Procedural Posture

Civil Appeal / Final Appellate Judgment of the Federal Court

Legal Issues

  1. 1 Whether the appellant (celebrity) had locus standi to sue in passing off where goodwill may alternatively be said to belong to his company
  2. 2 Whether there is a legal distinction between lifting and piercing the corporate veil and whether the veil should be lifted here
  3. 3 Whether the defendant's use of the name constituted misrepresentation and caused or was likely to cause damage

Ratio Decidendi

Where a celebrity has established factual goodwill in a name or indicium, the celebrity (or his licensee/related entity) has locus standi to sue in passing off against a third party misrepresenting that name; corporate form or technical non-joinder cannot defeat such a claim; the Federal Court restored the High Court's finding that the appellant owned the goodwill and allowed the appeal.

Court Disposition

Appeal allowed.

Orders

  • Allow the appeal with costs
  • Set aside the judgment and order of the Court of Appeal