7 Apr 2021
1. ) SKYWORLD HOLDINGS SDN. BHD. 2. ) SKYWORLD GLOBAL SDN. BHD. 3. ) SKYWORLD (SABAH) SDN. BHD. 4. ) SKY WORLD CITY BERHAD 5. ) YONG FOOK MING 6. ) LEE CHIA LIN 1. ) SKYWORLD DEVELOPMENT SDN. BHD. 2. ) SKYWORLD CAPITAL BERHAD
- Citation
- 02(f)-50-09/2020(W) (Mahkamah Persekutuan)
- Court
- f
- Case number
- 02(f)-50-09/2020(W) (Mahkamah Persekutuan)
The Federal Court held that the High Court's factual findings that the defendants' corporate and domain names were not visually similar to the plaintiffs' registered composite SkyWorld marks were not plainly wrong; subsection 38(1) requires identity or such close resemblance as to be likely to deceive or cause confusion, which was not established on the totality of circumstances; consequently infringement under s.38 was not made out and, as misrepresentation/confusion was not established, the tort of passing off also failed. The Court therefore allowed the appeal and reinstated the High Court…