9 Sept 2024
HLL RESTAURANT SDN BHD ZHANGJI BM SDN BHD
- Citation
- PA-22IP-3-06/2023 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- PA-22IP-3-06/2023 (Mahkamah Tinggi)
The Plaintiff's registration remained prima facie valid and unrebutted because the Defendant failed to prove fraud or lack of consent (evidence was hearsay and key foreign witness and deed not produced); the Defendant admitted use of the identical mark in trade without the Plaintiff's consent, satisfying s54(1) Trademarks Act 2019, therefore the Plaintiff's claim for infringement succeeds and the Defendant's counterclaim is dismissed.