JUDGMENT

Yaacob Md Sam JCA:

Preliminary

[1] This judgment is prepared pursuant to s 42(1) of the of Judicature Act 1964 (Revised 1972), as my learned brother, YA Dr Hamid Sultan Abu Backer, JCA was indisposed. My learned brother, YAA Abang Iskandar bin Abang Hashim, JCA (now the Chief Judge of Sabah and Sarawak) has read this judgment in draft and has expressed his agreement that this judgment be the judgment of the Court.

Introducton

[2] This is an appeal by the Appellant against the decision of the learned Judicial Commissioner (as he then was 'the learned JC') after full trial granting the Respondent's claim against the Appellant for passing off and unlawful interference with trade.

[3] For ease of reference, parties will be referred to as they were in the proceedings before the High Court.

[4] Having heard the submission of the parties, we have deferred our decision to a date to be fixed. We now give our decision.

Salient Background Facts

[5] The plaintiff was incorporated on 30 April 1987 and is in the business of trading in all kinds of pumps including slurry pumps and centrifugal pumps in Malaysia, Singapore and Brunei with the "WARMAL1 mark (WARMAL Pumps). The plaintiff actively p