JUDGMENT

Yusrin Faidz Yusoff JC:

Introduction

[1] This judgment concerns the assessment of damages in encl 64, following the Court 's decision in favor of the plaintiff in an industrial design infringement claim. At its core, the case raises a fundamental question: to what extent should a party that has invested time and effort in creating a unique design be compensated when another unjustly benefits from its work?

Background Facts

[2] The plaintiff, Naili Holdings Sdn Bhd., is a company engaged in the art and business of designing garments, particularly batik-style clothing. Recognizing the value of its creation, it took steps to secure legal protection for its design, duly registering it under Industrial Design No MY20-00070-011 on 31 January 2020. The design was not merely ornamental; it was the product of careful thought, intricate craftsmanship, and a desire to bring something novel to the marketplace. The plaintiff proceeded to commercialize this design under the name "Coral Orchid", launching its sales in February 2020.

[3] Some months later, in September 2020, the defendant, Sabella Holding Sdn Bhd., a well-established garment manufacturer, introduced three clothing products, ee