Lee Swee Seng JCA:

[1] This judgment explores the interface between the first and continuing use of an unregistered trademark bearing a noun "Neem" and sometimes coupled with a descriptive word "Active" as in "Neem Active" used in relation to toothpaste and a subsequent registration and use by a previous distributor of a similar trademark "Dr Neem" in a breach of contract, passing off, unlawful interference with business as well as in an expungement or rectification of trademark proceeding.

At the High Court

[2] The intellectual property disputes between the parties herein have its genesis in the 3 agreements entered into between the plaintiff's predecessors-in-title and Perusahaan Bumitulin (PB) with respect to the use of the unregistered trademark "Neem" and "Neem Active" ("Neem/Neem Active") in Malaysia in relation to the products being distributed in the designated countries.

[3] The plaintiff is the respondent this appeal and the defendants who are the appellants here are parties related in one way or another to Perusahaan Bumi Tulin Sdn Bhd ("PBTSB") and the third defendant. The High Court suit is Suit No: WA-22IP-21-02/2028 ("22IP Suit") which is the current Civil Appeal