13 Jul 2020
A & M BEAUTY WELLNESS SDN BHD SHOPEE MOBILE MALAYSIA SDN BHD
- Citation
- WA-22IP-67-10/2019 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- WA-22IP-67-10/2019 (Mahkamah Tinggi)
Plaintiff failed to establish a bona fide serious issue to be tried on counterfeit or trade mark infringement with adequate specific evidence and lacked locus standi as registered proprietor (assignment unregistered); Plaintiff did not exhaust or properly use the defendant's prescribed complaint remedy; the injunctions sought were overbroad, impractical to enforce against an intermediary lacking pre‑screening/autoblock capability, and damages were an adequate remedy; accordingly the balance of convenience favoured refusing interim relief.