JUDGMENT

Alice Loke Yee Ching JC:

Introduction

[1] By way of a Notice of Application [Encl 6] the Defendant applies to strike out the Plaintiff's suit under O 18 r 19(1)(a), (b), (c) and (d) of the Rules of 2012.

Background Facts

[2] The application of the Defendant stems from the following material facts.

[3] The Plaintiff and the Defendant are both companies incorporated in Malaysia. The Plaintiff is engaged in the business of medical supplies and equipment. Sometime in the month of August 2020, the Plaintiff started trading in nitrile gloves under the brand name of "BOSCO" by supplying the gloves for overseas market. The Plaintiff's supply of gloves was obtained from a third party.

[4] The Defendant had been in the nitrile glove business since July 2020. The trademark and brand name of the Defendant's nitrile gloves are known as "Unbeatable."

[5] On 26 November 2020, the Defendant discovered that the Plaintiff had used the Defendant's trade name on its "BOSCO" nitrile gloves packaging and also supplied, exported, distributed nitrile gloves packaged in boxes bearing Defendant's trade name to the public. Following this discovery, the Defendant filed a suit against the Plaintiff in the Ku