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2024 MarsdenLR 594

HIGH COURT MALAYA KUALA LUMPUR
ADLEESYA BEAUTY SDN BHD & ANOR – Appellant
Versus
KHAIRUNISA NADIA KARIP – Respondent


Petitioner Advocates:Farrandy Iskandar Norshahid,Arisha Nur Shahera ,Respondent Advocate: Shafrin Halim,Aina Shehnaz

JUDGMENT

Azlan Sulaiman JC:

(Interim Injunction)

A. Introduction

[1] This is a sad case of a couple married for 14 years and with five children having rather successfully run a beauty products business together for over a decade, but with their estrangement and subsequent divorce (not just as a married couple but also in business) are now vigorously battling each other over the use of trademarks registered in the defendant wife's name which the Plaintiffs (now fully controlled by the husband) allege belong to them. With the full trial of all of their claims and counterclaims against each other now fixed in October 2024, each are applying for injunctions against the other. This Judgment contains the reasons for my decision on both applications.

B. Salient Facts

[2] The Plaintiffs allege that, from around 2009, the husband ("Syafa") and the Defendant ("Nadia") commenced a beauty products business using the brand name "Adleesya". Adleesya is a combination of the names of their first two children, "Adam" and "Aleesya". With the growing popularity of that business under the Adleesya brand name, in 2012, a business named "Adleesya Beauty Enterprise" ("Adleesya Enterprise") was formed to run it


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