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HIGH COURT MALAYA KUALA LUMPUR
ULTRA RACING (M) SDN BHD – Appellant
Versus
BLUETACT SDN BHD – Respondent
| Table of Content |
|---|
| 1. overview of the plaintiff's and defendant's appeals regarding copyright infringement and passing off. (Para 1 , 2 , 3 , 4 , 5) |
| 2. plaintiff’s claims for copyright and passing off lack distinctive evidence. (Para 20 , 50 , 70) |
| 3. court's findings concluding with dismissals and upholding of copyright. (Para 72 , 90 , 121) |
A. Introduction
[1] Plaintiff's action against the defendant is for copyright infringement and passing off. The defendant counterclaimed against the plaintiff for defamation and, in the alternative, unlawful interference with the defendant's business.
[2] After a full trial, I had allowed the plaintiff's claim for copyright infringement but I had dismissed its claim for the tort of passing off. I had also dismissed the defendant's counterclaim in its entirety.
[3] The plaintiff appealed against the dismissal of its claim for the tort of passing off.
[4] The defendant appealed against my decision in allowing the plaintiff's claim of copyright infringement and also for the dismissal of its counterclaim.
[5] This single Grounds of Judgment is prepared for both appeals.
B. Background Facts The Parties
[6] The plaintiff carry out the business
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