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RICHARD MALANJUM, ZULKEFLI MAKINUDIN, GHAZALI MOHD YUSOFF
YONG TENG HING – Appellant
Versus
WALTON INTERNATIONAL LTD; PENDAFTAR CAP DAGANG MALAYSIA (INTERESTED PARTY) – Respondent
| Table of Content |
|---|
| 1. application for leave to appeal (Para 1 , 2 , 3 , 4 , 5) |
| 2. background facts of trademark usage (Para 6 , 8 , 10 , 12 , 14 , 15) |
| 3. background on giordano trademark ownership. (Para 7 , 9 , 11 , 13) |
| 4. preliminary objection addressed (Para 16 , 19 , 20 , 21) |
| 5. preliminary objection to jurisdiction raised. (Para 17 , 18) |
| 6. original vs appellate jurisdiction defined (Para 22 , 25 , 26 , 42) |
| 7. court dismisses jurisdictional preliminary objection. (Para 23) |
| 8. interpreting 'appeal' as original jurisdiction (Para 57 , 63) |
| 9. conclusion of the judgment (Para 70 , 76) |
Richard Malanjum CJ (Sabah & Sarawak):
Introduction
(1) This is an application (encl. 2(a)) by the applicant for leave to appeal against the judgment of the Court of Appeal given on 11 May 2010.
(2) In making its application the applicant has submitted several proposed questions in its attempt to meet the requirements of s. 96(a) of the Courts of Judicature Act 1964 ("CJA").
(3) The proposed questions read thus:
(a) Whether the first user and applicant for registration of a trade mark for goods included in a particular class in the Third Schedule of the Trade Mark Regulations 1983 or the Trade Marks Reg
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