JUDGMENT

Azlan Sulaiman JC:

Introduction

[1] On 29 January 2024, the Plaintiff filed this action against the Defendants for trademark infringement, passing off, and unlawful interference with trade, and now applies for summary judgment of those claims ("Plaintiff's Application"). This Judgment is on the Plaintiff's Application.

Salient Facts

[2] The Plaintiff is a company incorporated in France and was founded by Richard Hennessy in 1875 in Cognac, France. It has at all material times been involved in the business of manufacturing, distilling, bottling, exporting, distributing, supplying, selling and/or offering for sale a wide range of alcoholic beverages. The product at the heart of this action is its cognac (brandy), sold and marketed under the brand name Hennessy Cognac VSOP ("Plaintiff's Product"). The Plaintiff's Product is exclusively manufactured, distilled and bottled in Cognac, France and not anywhere else in the world. From Cognac, the Plaintiff's Product is exported, distributed, supplied, sold and/or offered for sale to the rest of the world, including Malaysia. On or around 1988, the Plaintiff and United Distillers Pic formed a joint-venture company in Malaysia now named M