[Appeal from High Court, Kuala Lumpur; Suit No: D5-22-925-1994]

Reported by Usha Thiagarajah

JUDGMENT

(Oral)

Gopal Sri Ram JCA:

This is the judgment of the Court.

[1] The appeal herein is directed against the order of the High Court granting the respondent (plaintiff in the Court below) a perpetual injunction and other anxillary reliefs against the appellant (defendant in the Court below). The matter arose in this way.

[2] The plaintiff is the successor in title, by assignment to the goodwill in the business concerning the sale of couplers. A coupler is a device which connects the prime mover or tractor to the trailer of a vehicle used to carry goods by road. It can be disengaged and therefore is a very convenient device for the delivery of goods to customers' warehouses. The plaintiff's coupler is known as & quot;YORK BIG D& quot;. At the material time another type of coupler similar to that sold by the plaintiff came into the market. It was manufactured in China. It was sold and distributed by the defendant. The plaintiff took the position that the defendant had violated its commercial interest. So, it brought an action in the tort of passing off against the defendant. That ac