Introduction

[1] This judgment concerns the assessment of damages in encl 64, following the Court's decision in favor of the plaintiff in an industrial design infringement claim. At its core, the case raises a fundamental question: to what extent should a party that has invested time and effort in creating a unique design be compensated when another unjustly benefits from its work?

Background Facts

[2] The plaintiff, Naili Holdings Sdn Bhd., is a company engaged in the art and business of designing garments, particularly batik-style clothing. Recognizing the value of its creation, it took ste