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1994 MarsdenLR 1334

DATO HAJI ABDUL MALEK BIN HAJI AHMAD
GOODYEAR TIRE & RUBBER COMPANY – Appellant
Versus
SILVERSTONE TIRE AND RUBBER CO.SDN.BHD. – Respondent


Advocates:
For the plaintiffs - Porres Royan (Michael Soo with him);M/s. Shook Lin & Bok For the defendant - S. Ambiga (Timothy Siaw with him);M/s. Skrine & Co.

JUDGMENT

Haji Abdul Malek bin Haji Ahmad J:

The plaintiff had by summons in chambers filed on 23 June 1993 applied for the following orders:

1. That the defendant whether acting by its directors, officers, servants or agents or any of them or otherwise howsoever be restrained until further order or pending trial of this action from doing the following acts or any of them that is to say:

(a) reproducing or substantially reproducing in any material form, possessing or selling by way of trade, distributing in the course of business, tyres known as Aquagrip tyres, being unlicensed reproductions or substantial reproductions of the first plaintiff's said drawings and/or three-dimensional tyres for which copyright subsists in favour of the first plaintiff in Malaysia of Aquatred tyres as are more specifically described in the statement of claim (hereinafter referred to as "the first plaintiff's said drawings and three-dimensional tyres" respectively); (b) causing, enabling or assisting others to reproduce and/or dispose off unlawfully without the consent or licence of the first plaintiff in any material form by possessing, or selling by way of trade, distributing in the course of trade

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