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HIGH COURT MALAYA KUALA LUMPUR
LEUNG KAI FOOK MEDICAL CO PTE LTD & ANOR – Appellant
Versus
ARNAGIRI NATHAN G RENGASAMY & ANOR – Respondent
| Table of Content |
|---|
| 1. plaintiffs' claims for damages due to trademark infringement. (Para 1 , 2 , 3 , 4 , 5 , 6) |
| 2. principles for awarding damages in trademark infringement. (Para 7 , 8) |
| 3. assessment of loss of business profits. (Para 9 , 10 , 11 , 12) |
| 4. assessment of loss of goodwill and reputation. (Para 13 , 14 , 15) |
| 5. counter-measure costs incurred by plaintiffs. (Para 16 , 17) |
| 6. final order for damages and costs. (Para 18 , 19) |
[1] The Plaintiffs' action against the Defendants is for damages and other relief for trademark infringement and passing off by the Defendants, arising from the Defendants' importing, supplying, distributing, selling and/or offering for sale counterfeit goods which bore a mark identical or similar to the Plaintiff's Marks (collectively, "Counterfeit Goods").
[2] The Plaintiff's Application for summary judgment of its claims was dismissed by the High Court on 8 December 2021 ("the High Court Order"). However, on 3 November 2022, the Court of Appeal in Civil Appeal No: W-02(IM)(IPCV)-2456-12/2021 allowed the Plaintiff's appeal against the High Court Order, and entered summary judgment in the Plaintiffs' favour against the Defendants.
[3] In or
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