Zakaria Mohd. Yatim J:

In this suit the first plaintiff claims that it is the registered proprieter of trademarks, ayam brand label in respect of its canned fish product in Malaysia. The second plaintiff is a permitted and licensed user of the said trademarks in Malaysia. The plaintiffs are alleging that the defendant has been infringing the said trademarks 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 trademarks in Malaysia:-

(a) M/73818 in class 29 Ayam Brand label (tall tin); (b) M/73819 in class 29 Ayam Brand label (oval tin) (pending registr