24 Feb 2026
1. ) LEUNG KAI FOOK MEDICAL CO. PTE LTD 2. ) LEUNG KAI FOOK MEDICAL SDN BHD TJS WORLDWIDE SDN. BHD.
- Citation
- WA-22IP-71-11/2023 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- WA-22IP-71-11/2023 (Mahkamah Tinggi)
Liability having been finally determined by summary judgment, damages are compensatory and to be assessed liberally but on evidence. Plaintiffs failed to prove that the defendant's 330 seized units caused the full claimed revenue shortfall; plaintiffs proved brand goodwill and countermeasure expenses. Court reduced loss of business profit to RM30,000 (recognising limited scale of infringement), assessed loss of goodwill at RM200,000 (presumed in passing off, adjusted for proportionality), allowed countermeasure costs RM7,305, and awarded residual general damages RM25,000 to avoid double recov…