[1] This appeal centres on the scope and application of s 9 of the Trade Descriptions Act 2011 which empowers the High Court to declare an infringing mark as a false trade description. An order obtained under the aforesaid section, called the Trade Description Order may subject a trader using such infringing mark to prosecution under s 5 of the same. A Trade Description Order was obtained by the respondent in this appeal.

[2] As a background, it would be useful to narrate the facts leading to this appeal in the following chronological order as stated before the learned High Court Judge.

[3] The respondent was incorporated in Malaysia in 1975 with its business address at No 153, Wisma Tan Kim Hock, Jalan Laksamana Cheng Ho, Malacca. It was established to manufacture, process, distribute and sell the respondent's products, which products include 'dodol' products.

[4] The founder of the respondent was Mr Tan Kim Hock, who together with his late wife, created the durian dodol, c