10 Apr 2025
1. ) TATSUNO CORPORATION 2. ) TATSUNO ENGINEERING & SERVICE MALAYSIA SDN BHD FLOWFUEL SDN BHD
- Citation
- WA-22IP-54-09/2023 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- WA-22IP-54-09/2023 (Mahkamah Tinggi)
The court held the defendant infringed the registered trademarks and committed passing off because it used signs identical or similar to the Plaintiffs' Marks in the course of trade without consent; the defendant failed to prove the pumps originated from the plaintiffs or that there was any express or implied consent; the exhaustion/first-sale doctrine did not apply given altered information plates, false manufacturing dates and model numbers, absence of disclosure that pumps were refurbished, and likelihood of public confusion and damage to plaintiffs' goodwill. Damages to be assessed and co…