HIGH COURT, KUALA LUMPUR
THREE V MARKETING (M) SDN BHD – Appellant
Versus
CUN HING TRADING (M) SDN BHD & ORS – Respondent
JUDGMENT
The dispute in this action revolves around a common household article, namely clothes dryer, which is also known by various names such as clothes hanger.
The Plaintiff is the owner of Industrial Design No. MY03-00515 (hereinafter to be referred as the Plaintiff's MY03-00515), applied to a clothes dryer. Since December 2003, the Plaintiff has been manufacturing, distributing, offering for sale clothes dryer called "12 Bars Fan Hanger" manufactured by an industrial process, which applied the Plaintiff's MY03-00515.
It is the Plaintiffs case that the 1st and 4th Defendants have respectively sold and are still selling to the public clothes dryer called "Super Hanger Mapo 1818", which had also applied the Plaintiff's MY03-00515.
In the Plaintiffs Amended Statement of Claim, there are two (2) causes of action against the Defendants, namely, (i) infringement of the Plaintiffs MY03-00515 and (ii) the unlawful interference with the Plaintiff s trade.
The 1st, 2nd and 3rd Defendants counterclaim that the Plaintiffs MY03-00515 be declared invalid and unenforceable on the ground that the Plaintiffs MY03-00515 does not meet the requirements of Section 12 of the Industrial Designs Act 1996
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