4 Aug 2020
SYARIKAT PERNIAGAAN LAMZHUAN SDN BHD JIE CHENG HANG SDN BHD PIHAK KETIGA PENDAFTAR CAP DAGANGAN MALAYSIA
- Citation
- WA-24IP-12-07/2019 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- WA-24IP-12-07/2019 (Mahkamah Tinggi)
Registrar's finding that Defendant was first user and bona fide proprietor of the 'Magic Chew' mark in Malaysia was supported by contemporaneous documents (invoices, sales report, letter of consent from manufacturer, and earlier filing) and Plaintiff failed to discharge the onus to prove prior use or honest concurrent use; late evidence by Plaintiff was rightly excluded; High Court will not disturb Registrar unless clearly wrong, therefore appeal dismissed.