JUDGMENT

[Order 14A]

Azlan Sulaiman JC:

Introduction

[1] This is just one of several actions between the parties. The Plaintiffs had initially filed this action for trademark infringement, passing off and unlawful interference with trade. However, upon the Plaintiffs' withdrawing their claims for the latter two, i.e., passing off and unlawful interference with trade, they agreed, for the following question of law, to wholly determine the remaining claim for trademark infringement:

"Whether the Defendant's act of bringing, into Malaysia, tobacco products bearing the Plaintiff's "Hans Chaap Tobacco" trademark Registration No. 2015001428 in Class 34 for transit for export out of Malaysia to a third country without any distribution or sale of those tobacco products within Malaysia, is use in the course of trade under s 54 of the Trademarks Act 2019 and thereby constitutes infringement of the 1st Plaintiff's trademark?" ("Question")

[2] This Judgment contains the determination of that Question.

Salient Facts

[3] Shiva Enterprise, a company in India, is the main distributor of chewing tobacco products sold under the brand name "Hans Chaap Tobacco" ("Goods"). It has given the Plaintiffs the exc