JUDGMENT

(After Full Trial)

Azlan Sulaiman JC:

A. Introduction

[1] This Judgment is after a full trial of the following:

(i) The Plaintiff's claim against both Defendants for trademark infringement, passing off, and unlawful interference with trade.

(ii) The 1st Defendant's counterclaim against the Plaintiff for relief related to its appointment as a Master Distributor of the Plaintiff's goods traded under the Plaintiffs trademarks; and

(iii) The 2nd Defendant's counterclaim against the Plaintiff for relief related to mixing the solution for the Plaintiffs goods traded under the Plaintiff's trademarks.

[2] Each of the claims and counterclaims together with salient facts set out therein will be addressed in the following parts of this Judgment:

B. Plaintiff's Claim For Trademark Infringement

The Plaintiff's Trademarks And Goods

[3] The Plaintiff's claim for trademark infringement is in respect of four trademarks it has registered in Malaysia (collectively, "Plaintiff's Trademarks"). They are depicted in Table A below:

Table A

[4] Table B below are the goods in each of those four classes for which the Plaintiff's Trademarks were registered:

[5] The three goods that the Plaintiff has been trading