In this suit, the first plaintiff claims that it is the registered proprietor of the trade mark, Ayam Brand label, in respect of its canned fish product in Malaysia. The second plaintiff is a permitted and licensed user of the said trade mark in Malaysia. The plaintiffs are alleging that the defendant has been infringing the said trade marks and passing off its canned fish as, and for, the canned fish of the plaintiffs.

The first plaintiff is a limited company incorporated under the laws of the Republic of Singapore, with a place of business at No 33, Wallich Street, Singapore 2. The second plaintiff is a limited company incorporated in Malaysia, with its registered office at 468-11, Jalan Ipoh, Kuala Lumpur. The defendant is a limited company incorporated in Malaysia, with its registered office at No 20-1, Jalan Pinggir, Kuala Lumpur, and a place of business at No 10, Jalan SS 13/3F Subang Jaya, Selangor.

The first plaintiff claims that it is the registered proprietor or applicant for registration of the following trade marks in Malaysia:

(a) M/73818 in class 29 Ayam Brand label (tall tin);

(b) M/73819 in class 29 Ayam Brand label (oval