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1988 MarsdenLR 1178

V.C.GEORGE
WINTHROP PRODUCTS INC – Appellant
Versus
SUN OCEAN (M) SDN BHD – Respondent


Advocates:
Chin Yew Meng for the plaintiffs.
VL Kandan (Bharti R Seth (Miss) with him) for the defendants.
Solicitors: Allen & Gledhill; Shearn Delamore & Co.

VC George J

"Panadol" is the trade mark under which the well-known analgesic is sold. It is what is known as an invented word mark. In the United States of America, the owner of the trade mark is Sterling Drug Inc. In the United Kingdom, it is owned by Sterling Winthrop Group Ltd. In Malaysia, it is owned by the first plaintiff Winthrop Products Inc., a company incorporated under the laws of the state of Delaware, U.S.A. Winthrop Products Inc. has registered-user rights of the mark in the United Kingdom. The second plaintiff is registered in Malaysia as the sole registered user of the mark. All these corporations are related corporations. A look behind the corporate veil revealed that these corporations are all members of a group of companies that function on a worldwide basis with a turnover of some US$2 billion per annum. The parent company is Sterling Drug Inc. of the U.S.A. The worldwide activities of the group are carried out by sub-groups, each functioning in different geographical areas. For the Canadian region, there is Sterling Canada, for Australia Sterling Australasia, for Europe Sterling Europa and the Sterling International Group (SIG) for the rest of the world. SIG is

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