Gunn Chit Tuan CJ (Malaya):

This was an appeal against the decision of the learned High Court Judge, Dato' Haji Abdul Malek bin Haji Ahmad, given on 17 December 1992, after trial of the action in Kuala Lumpur High Court Civil Suit No. C1305 of 1985. The learned Judge had found, inter alia, that there was passing-off by the appellants of their trade or business and/or popiah skins as and for that of the respondent by the use of:

(i) the trade name "Tee Yih Jia" whether in Roman or Chinese characters; (ii) a package get-up identical to or closely resembling the respondent's package get-up; (iii) the "swastika" logo appearing at the bottom lefthand corner of the get-up.

The facts as found by the learned High Court Judge

One Goi Seng Hui, the Chairman and Managing Director of the respondent, and Seet Chuan Seng, the first appellant, had with a few others, launched the popiah (spring roll) skin business on 14 October 1969 in Singapore under the name "Tee Yih Jia Po Piah Dried Pastry Factory (Pte) Ltd." and had successfully carried on business as manufacturers and sellers of popiah skins packed in various sizes of polythene wrappers. It was not disputed that their success was