8 Dec 2021
ORTUS EXPERT WHITE SDN BHD 1. NOR YANNI BINTI ADOM 2. NOORFAEZAL BIN ROMLI
- Citation
- 02(f)-12-02/2020 (W) (Mahkamah Persekutuan)
- Court
- f
- Case number
- 02(f)-12-02/2020 (W) (Mahkamah Persekutuan)
The Federal Court held that in trade mark infringement actions the court must consider disclaimed words in juxtaposition or in combination with the registered mark's essential features when assessing likelihood of confusion under the imperfect recollection test; applying that test the defendants' use of 'Real Expert White' and associated get-up infringed the registered mark and constituted passing off; and goodwill is not destroyed merely by unrelated press publications so the second question is answered in the negative.