JUDGMENT

Mohd Radzi Harun J:

Introduction

[1] The Plaintiff claimed against the Defendant for:

1.1 Infringement of the Plaintiff's trademark;

1.2 Tort of passing off; and

1.3 Copyright infringement.

[2] I had allowed all the Plaintiff's claims Consequent to that finding, I ordered for:

(a) a permanent injunction to prohibit the Defendant:

(i) from continuing to infringe the Plaintiff's trademark;

(ii) from ding any acts tantamount to passing off the Plaintiff's product and trademark;

(b) the destruction of any products or materials in any form in the Defendant's possession that are infringing the discontinuing pro, to prohibit and Plaintiff's trademark;

(c) delivery up of the infringing items; and

(d) damages to be determined at a separate assessment proceeding.

[3] The Defendant now appeals against that decision.

Facts

[4] The Plaintiff is the registered owner of the trademark "MODULARCRAFT", the details of which are as follows:

(i) Trademark No 2015050598 in Class 37 for a period of 10 years commencing 21 January 2015 - 21 January 2025;

(ii) Trademark No 2015058823 in Class 35 for a period of 10 years commencing 9 June 2015 - 9 June 2025; and

(iii) Trademark No 2015058826 in Class 42 for a period o