Low Hop Bing J:

Application

This is the plaintiff's application in encl. (4) for an interim injunction to restrain the first defendant and its two directors who are the second and the third defendants from using the Lam Soon Knife Label ("Lam Soon Knife Label"), and it is based on passing off and infringement of its copyright in the Lam Soon Knife Label, which comprises the following features:

(i) the knife device in a circle accompanied by the English word "knife" and the Bahasa Malaysia word "pisau" and a diagonal stripe;

(ii) the colour combination of red and yellow of the label; and

(iii) a statement as to the ingredients and other product information.

Brief Introduction

By way of a brief introduction, the plaintiff's claim in passing off is based on the goodwill it has generated and the artistic work in relation to the Lam Soon Knife Label while its claim in copyright is based on the ownership of the Lam Soon Knife Label by Lam Soon Oil and Soap Manufacturing Sdn. Bhd. which had assigned the same to the plaintiff by virtue of a deed dated 12 February 2001.

The defendants, on the other hand, dispute all the aforesaid claims of the plaintiff and contend that the first d