JUDGMENT

Yusrin Faidz Yusoff JC:

Introduction

[1] This judgment concerned the quantum of damages that was awarded to the Plaintiff in a trademark infringement/passing-off action that it initiated against the 3rd defendant ("D3"). The said judgment dated 23 October 2023 resulted in the appeal by both sides, namely, the appeal filed by D3 on 15 November 2023, and the cross-appeal filed by the Plaintiff on 17 November 2023.

[2] Following an assessment of damages in accordance with a notice issued under O 37 r 1 of the Rules of 2012 ('the Rules'), I granted the total sum of RM492,783.96, along with costs of RM5,000.00, in favor of the Plaintiff. My decision encompasses the following:

a) With regards to loss of business profit, I held that the Plaintiff is not entitled to this head of damage;

b) With regards to loss of goodwill, I awarded the sum of RM80,000.00;

c) With regards to legal costs incurred, I awarded the sum of RM212,783.96 (The allowed invoices are: IN000703, IN001181, IN001395, IN001414, IN001517 & 9128003745).

d) Aggravated damages in the sum of RM100,000.00;

e) Exemplary damages in the sum of RM100,000.00; and

f) Interest at 5% per annum on the judgment sum to be calculated from