28 Dec 2021
RAYYAN SMART MARKETING PLT 1) ROHBAN TRADE SDN BHD 2) AHMAD SHAH RIZAL BIN IBRAHIM
- Citation
- WA-24IP-6-04/2021 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- WA-24IP-6-04/2021 (Mahkamah Tinggi)
The court held that although the plaintiff possessed an injunctable interest and raised unusually strong questions to be tried, the balance of convenience favoured the defendants because the plaintiff would not suffer irreparable harm not compensable by damages and the marks and markets were sufficiently distinct; accordingly the ex parte interlocutory injunction was set aside and the plaintiff's interlocutory application dismissed, with the court exercising its inherent power to stay the defendants' pending trademark registrations until final determination.