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1989 MarsdenLR 969

ZAKARIA YATIM
FABRIQUE EBEL SOCIETE ANONYME – Appellant
Versus
SYKT.PERNIAGAAN TUKANG JAM CITY PORT – Respondent


Advocates:
For the Plaintiff : Lee Tatt Boon; Skrine & Co
For the first, third and fourth defendants - Saran Singh; M/s. Saran Singh & Co.
For the second and fifth defendants - S.C. Kwok; M/s. Kwok & company.

JUDGMENT

Zakaria Yatim J:

This is an application by the plaintiff for final judgment under O. 14 of the Rules of the High Court 1980 against the first, second, third, fourth and fifth defendants for an injunction to restrain the defendants and each of them whether acting by themselves, their partners or proprietors (as the case may be), servants or agents or otherwise however from infringing the plaintiff's registered Trade Mark No. M/B41437. The plaintiff also asks the Court for an order for the delivery up or destruction upon oath of all goods and articles in the possession, power, custody or control of each of the defendants, the manufacturer, use or sale by any of the defendants that would offend against the injunction. The plaintiff further asks the Court to order an enquiry to be made as to what damages (if any) have been sustained by the plaintiff by reason of the wrongful acts by each of the defendants and payment to the plaintiff of all sums found due upon taking such enquiry. The plaintiff also asks that the defendants pay to the plaintiff costs of this action and of this application to be taxed.

The plaintiff is a company incorporated under the laws of Switzerland and ha

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