10 Mar 2022
1. Tan Kim Hock Product Centre Sdn. Bhd ( Pertama) 2. Siah Siu Eng ( Kedua) Tan Kimhock Tong Seng Food Industry Sdn Bhd
- Citation
- M-02(NCVC)(W)-1161-06/2017 (Mahkamah Rayuan)
- Court
- NCVC
- Case number
- M-02(NCVC)(W)-1161-06/2017 (Mahkamah Rayuan)
The court affirmed the High Court's factual findings that the Respondent acquired the business and goodwill (including the Created and Registered Marks) from TKH in 1976, the Registered Mark was not abandoned and remained in use, the 2nd Appellant did not co-create or co-own the Created Mark, and the Appellants' use of identical/confusing get-up and marks amounted to trade mark infringement and passing off; appeal dismissed.