10 Nov 2023
SKIN RENEW PROFESSIONAL SOLUTION SDN BHD 1. ) BEAUTE REFINE MARKETING (M) SDN BHD 2. ) KWAN MEI KIM 3. ) BEAUTE REFINE MARKETING 4. ) LEE KAH CHOON 5. ) IMS BEAUTY SUPPLY ENTERPRISE
- Citation
- WA-22IP-74-11/2020 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- WA-22IP-74-11/2020 (Mahkamah Tinggi)
Defendant counterclaim to invalidate failed because defendants were not aggrieved persons with current/use or genuine present intention and could not prove exceptions under s53; plaintiff's infringement claim failed because plaintiff's registrations were for services (Classes 35 and 44) and defendants sold goods, and on the merits the marks are dissimilar (visual/iconic differences) so no likelihood of confusion; defendants entitled to mandatory relief for groundless threats under s61 because plaintiff failed to prove infringement; passing off not established because misrepresentation/decepti…