JUDGMENT

Edwin Paramjothy Michael Muniandy JC:

(Enclosure 5 - Application For Summary Judgment)

Introduction

[1] This is the plaintiff's application vide encl 5 for summary judgment against the defendant pursuant to O 14 of the Rules of 2012 ("ROC 2012") for trademark infringement under ss 54(1) and 54(2) of the Trademarks Act 2019 ("TMA 2019").

[2] Having considered the submissions of both parties and the evidence adduced, I allowed the plaintiff's application for summary judgment on 23 September 2025 with costs of RM10,000.00. I now state my grounds for doing so.

Background Facts

[3] The Plaintiff, The Polo/Lauren Company, L.P., is a well-known global fashion company and the registered proprietor of several trademarks in Malaysia, including the "POLO" Word Mark and various Polo Player Device marks for Class 25 goods, namely clothing, footwear and headgear. The salient details of the plaintiff's POLO Word Mark and the plaintiff's Polo Device Marks are reproduced below:

[4] The Defendant on the other hand is a Malaysian company engaged in the business of manufacturing, marketing, and selling apparel products.

[5] It is the plaintiff's case that the defendant has engaged in the unauthorised