Table of Content
1. the transshipment involved a trademark with a potential for confusion. (Para 1 , 2 , 3)
2. the court defined the issues concerning trademark infringement and passing off. (Para 4)
3. the court noted the plaintiff's established trademark rights and witness credibility. (Para 5 , 6 , 8)

[1] This case concerns a transshipment of goods owned by the first defendant (1st Defendant),a business entity in Egypt. The goods were to be shipped in 12 containers from Vietnam to Egypt with transshipment in Malaysia (first at Penang Port and then at Klang Port before onward delivery to Egypt).

[2] When the 12 containers of goods belonging to 1st Defendant were at Klang Port (to be transshipped to Egypt), the Royal Malaysian Customs Department (RMCD) seized 10 out of the 12 containers (10 Containers). This seizure was made because it was declared in the Customs Declaration Form that all the 12 containers contained "Omani Marble" (False Customs Declaration). The 10 Containers did not contain Omani Marble but "MALIMBO" brand of cigarettes (MALIMBO Cigarettes). A representation of MALIMBO brand is annexed to this judgment as Annexure A.

[3] The plaintiff company (Plaintiff) owns 28 MARLB

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