Hamid Sultan Abu Backer JC:

[1] This is my judgment in respect of the plaintiff's action against the defendants in respect of (a) infringement of copyright in its gutter (b) infringement of copyright in its packaging design (c) passing off in relation to the gutter. The 2nd defendant in this case is not represented by solicitors.

Basic Facts

[2] The plaintiff says they are owners of copyright in a rain gutter system namely F300, which consists of rain gutters and gutter fittings. They complained that the 1st defendant acting under the direction and control of the 2nd and 3rd defendants have infringed their copyright by selling the 1st defendant's gutter known as Middy Rain Gutters which they say is confusingly similar to their gutter design.

[3] In addition the plaintiff says that the defendants have infringed on their packaging design of their gutters sold under the Rainwater system label. They complain that the 1st defendant under the direction and control of the 2nd and 3rd defendants have infringed on the copyright of the plaintiff selling their gutters in similar packaging design known as Middy Packaging.

[4] Thirdly the plaintiff complaint that the defendants had com