12 Dec 2024
TCE SPORTS SDN BHD BULLZEN SPORT (MALAYSIA) SDN BHD
- Citation
- P-02(IPCv)(W)-483-03/2023 (Mahkamah Rayuan)
- Court
- IPCv
- Case number
- P-02(IPCv)(W)-483-03/2023 (Mahkamah Rayuan)
The appeal was allowed because the plaintiff adduced uncontested sales revenue demonstrating goodwill; the court, applying the correct principle of comparing the entirety of the product get-up, found striking overall similarities between the plaintiff's and defendant's packaging (reinforced by the defendant's own opposition submissions) amounting to misrepresentation; given the similarity of the products, damage was properly inferred. The High Court judgment was therefore set aside and relief granted to the plaintiff.