Malaysia Case Law: Decisions & Judgments

Topic

Passing off

Legal area

Court

14 Apr 2026

Dong-A Pharmaceutical Co., Ltd Chen, Zhen Rui

Citation

WA-24IP-1-01/2025 (Mahkamah Tinggi)
Court

High Court
Case number

WA-24IP-1-01/2025 (Mahkamah Tinggi)

Plaintiff proved aggrieved status and prior use; Plaintiff established prima facie non-use by Defendant during statutory periods and Defendant failed to rebut; marks are identical and goods overlap causing likelihood of confusion and passing off; evidence of Defendant's pattern of registrations and absence of use supports finding of bad faith and misrepresentation to Registrar; accordingly registration TM2020013845 is revoked for non-use and declared invalid on multiple statutory and common law grounds.
22 Dec 2025

KOTRA PHARMA (M) SDN. BHD. LAU TIAN THYE B/S FARMASI MEGA CARE

Citation

TA-22IP-1-05/2025 (Mahkamah Tinggi)
Court

High Court
Case number

TA-22IP-1-05/2025 (Mahkamah Tinggi)

The plaintiff established a clear case of trademark infringement and passing off on the affidavit evidence and objective technical discrepancies; the defendant failed to raise any bona fide triable issue supported by evidence; therefore summary judgment is appropriate for the substantive declarations and injunctive relief sought, with a separate inquiry to quantify damages.
12 Dec 2025

GOLDEN DAMASCUS DIVERSIFIES SDN BHD AROI THAI KITCHEN (PUNCAK ALAM) SDN BHD

Citation

WA-22IP-94-09/2025 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22IP-94-09/2025 (Mahkamah Tinggi)

The Court granted the interim injunction because the Plaintiff established a bona fide serious issue to be tried in a passing off claim (goodwill, misrepresentation and damage), damages would not adequately compensate prospective and cumulative harm to goodwill, and the balance of convenience favoured preserving the status quo pending trial; the Defendant's procedural objection failed and uncontroverted contractor evidence supported the Plaintiff's case.
24 Nov 2025

POO TRADING IMPORT & EXPORT SDN BHD B.P. YEW HENG FRUITS SDN BHD PENCELAH 1. ) FRUITGLO SDN. BHD. 2. ) TAM CHEE MING

Citation

WA-24IP-33-08/2024 (Mahkamah Tinggi)
Court

High Court
Case number

WA-24IP-33-08/2024 (Mahkamah Tinggi)

On the balance of probabilities Applicant proved continuous prior use of the Tangor Panda Mark in Malaysia since circa 2009/2010 and established goodwill; Respondent failed to prove earlier use predating Applicant and relied on uncorroborated third‑party origin claims; registration by Respondent constituted misrepresentation to the Registrar and was obtained in circumstances permitting inference of knowledge; consequently Respondent's Trademark No. TM2021036177 is invalid under s47(3)(b) and s47(6) of the Trademarks Act 2019, Applicant's passing off right is protected and the Respondent's cou…
18 Nov 2025

1. ) PERMODALAN KELANTAN BERHAD 2. ) KOPERASI PERMODALAN KELANTAN BERHAD KOPERASI SAHABAT AMANAH IKHTIAR MALAYSIA BERHAD

Citation

WA-B52NCC-995-12/2022 (Mahkamah Sesyen)
Court

Sessions Court
Case number

WA-B52NCC-995-12/2022 (Mahkamah Sesyen)

On the balance of probabilities the defendant knowingly opened and operated the two disputed branches without the prior written approvals required by the Ar-Rahn franchise terms and used the plaintiffs' registered trademarks and system without permission, thereby breaching the franchise terms and committing passing off; plaintiffs proved loss and entitlement to injunctive relief, account of profits or assessment of damages and to exemplary and aggravated damages and costs.
17 Nov 2025

FERRERO S.P.A. 1. ) KOON BROTHER SDN. BHD. 2. ) MY BISCUIT MARKETING

Citation

WA-22IP-5-01/2025 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22IP-5-01/2025 (Mahkamah Tinggi)

On the material before the Court the Plaintiff established a bona fide serious issue to be tried on trademark infringement (s54(2)(b) TMA 2019), infringement of well-known marks (s76 TMA 2019) and passing off; damages would not be an adequate remedy because harm to goodwill and distinctiveness is irreparable and transnational; the balance of convenience favoured preserving the status quo by granting an interlocutory injunction restraining the Defendants from dealing in the Unauthorised Products pending trial; Plaintiff to pay costs RM10,000.
5 Nov 2025

MW HEALTHCARE SDN BHD TEGA KUANTUM SDN BHD

Citation

WA-24IP-45-12/2024 (Mahkamah Tinggi)
Court

High Court
Case number

WA-24IP-45-12/2024 (Mahkamah Tinggi)

The Applicant failed to prove actual positive fraud by the Defendant: the MDA Recall Notice concerned a distinct later product (Version 4) not pleaded or in issue in Suit 15, was publicly available, and MWH was aware of it during the trial but did not deploy it. There was no legal duty on Tega to disclose a document irrelevant to the pleaded issues, no cogent evidence of dishonest intent by Tega, and the Notice would not likely have led to a different outcome on the contested issues (passing off and unlawful interference). Accordingly, the Originating Summons under s 44 EA 1950 is dismissed.
17 Jun 2025

1. ) TECK HUAT (K.L) COMPANY SDN BHD 2. ) SUN FOODS INDUSTRIAL COMPANY LIMITED 1. ) OBH TRADING SDN. BHD. 2. ) OOI BENG HUAT FOOD INDUSTRIES SDN. BHD.

Citation

WA-22IP-39-07/2023 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22IP-39-07/2023 (Mahkamah Tinggi)

Sun Foods was a necessary and proper party because it is the manufacturer and accepted author/owner of the Mark, has direct and substantial interest in the reliefs, the joinder arises from the same factual matrix and would avoid multiplicity and inconsistent findings; defendants failed to show irremediable prejudice and there was no inordinate delay, therefore joinder under Order 15 Rule 6(2)(b) is justified.
21 May 2025

U CARE PRODUCTS SDN. BHD. LIM XIAN KUN

Citation

JA-22IP-6-11/2024 (Mahkamah Tinggi)
Court

High Court
Case number

JA-22IP-6-11/2024 (Mahkamah Tinggi)

The court held the amended paragraphs altered the plaintiff's capacity by asserting exclusive licensee status and introduced a new cause of action without leave contrary to O.20 r.1(3); the amendments were struck out under O.20 r.4 and O.18 r.19 and the suit will continue on the original writ and statement of claim.
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…