28 Apr 2024
1. ) TANTI RAHAYU BINTI ABDUL HALIM 2. ) WAN MARIDANA BINTI HAJI NAJIB 1. ) NURHAYATI HASHIMA BINTI MUHAMMAD & NORHASIKIN BINTI MUHAMMAD BERNIAGA ATAS NAMA DAN GAYA FLEXI BIZ ENTERPRISE 2. ) MYSHOPRO GLOBAL SDN. BHD.
- Citation
- DA-24IP-1-10/2023 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- DA-24IP-1-10/2023 (Mahkamah Tinggi)
The Court found that Plaintiffs were the original creators and first users of the marks; permission to Defendanant First to register "TATI SKIN CARE 5 IN 1" was given on trust not absolutely; Defendant First's registration of "TATI" (TM2019006294) and subsequent transfer to Defendant Second were done without Plaintiffs' consent and amounted to wrongful/fraudulent conduct; accordingly Plaintiffs are entitled to declarations of ownership, cancellation/removal or re‑nomination of the contested registration and restoration/assignment of the other registration to Plaintiffs; damages claim was not…