1. RADICAL GALAXY SDN BHD 2. FOONG YIT MENG PENCELAH 1. QI SHENG SDN BHD 2. TAI WENG KEN

1. RADICAL GALAXY SDN BHD 2. FOONG YIT MENG PENCELAH 1. QI SHENG SDN BHD 2. TAI WENG KEN

The application to intervene and set aside the ex‑parte TDO was dismissed because the court was satisfied applicants disclosed material facts necessary for the TDO, ex‑parte TDOs are lawful and appropriate under the circumstances, the evidence established that the allegedly infringing marks and get‑up were identical...

Source-derived case information.

Citation
WA-24IP-7-05/2019 (Mahkamah Tinggi)
Parties
Applicant: Radical Galaxy Sdn. Bhd.; Applicant: Foong Yit Meng; Proposed Intervener / Intended Respondent: Qi Sheng Sdn. Bhd.; Proposed Intervener / Intended Respondent: Tai Weng Ken
Court
High Court
Jurisdiction
Malaysia
Judgment Date
9 June 2020
Case Number
WA-24IP-7-05/2019 (Mahkamah Tinggi)
Procedural Posture
Trade Description Order; Trademark Infringement and Passing Off / Application to Intervene and to Set Aside Ex Parte TDO (interlocutory Application) Heard and Dismissed at High Court
Outcome
Proposed Interveners/Intended Respondents' application to intervene and to set aside the ex‑parte TDO dismissed
Legal Topics
Ex Parte Orders, Full and Frank Disclosure, Intervention, Seizure and Enforcement, Likelihood of Confusion, Goodwill and Reputation, Registration of TDO
Trade Descriptions Act 2011 Trade Marks Act 1976 Passing Off Civil Procedure / Rules of Court Ex Parte Orders Full and Frank Disclosure Intervention Seizure and Enforcement +3 more

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 6 Authorities cited 18 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Radical Galaxy Sdn. Bhd.

Applicant

Foong Yit Meng

Applicant

Qi Sheng Sdn. Bhd.

Proposed Intervener / Intended Respondent

Tai Weng Ken

Proposed Intervener / Intended Respondent

Procedural Posture

Trade Description Order; Trademark Infringement and Passing Off / Application to Intervene and to Set Aside Ex Parte TDO (interlocutory Application) Heard and Dismissed at High Court

Legal Issues

  1. 1 Whether applicants failed to make full and frank disclosure in ex-parte TDO application
  2. 2 Whether ex-parte TDO was appropriate and required urgency
  3. 3 Whether delay in executing TDO defeated its enforcement

Ratio Decidendi

The application to intervene and set aside the ex‑parte TDO was dismissed because the court was satisfied applicants disclosed material facts necessary for the TDO, ex‑parte TDOs are lawful and appropriate under the circumstances, the evidence established that the allegedly infringing marks and get‑up were identical or so nearly resembling the applicants' registered marks as likely to deceive or cause confusion in the course of trade, delay and non-registration under s9(6) did not defeat enforcement given notification to enforcement agency and absence of appointed Registrar, and justice and merits favoured maintaining the TDO.

Court Disposition

Proposed Interveners/Intended Respondents' application to intervene and to set aside the ex‑parte TDO dismissed

Orders

  • Application dismissed
  • Costs awarded to Applicants in the sum of RM20000.00, subject to payment of the allocator