SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2025 MarsdenLR 5246

HIGH COURT MALAYA KUALA LUMPUR
TERMGUARD PTY LTD & ANOR – Appellant
Versus
RAPIDKILL PEST CONTROL (KL) SDN BHD – Respondent


Petitioner Advocates:Lourdes Abishegam,Nga Koo Koy ,Respondent Advocate: Maggie Khon Chee Peng,Choo Hong Seng,Chong XinTian

JUDGMENT

Mohd Radzi Harun J:

Introduction

[1] In this Suit, the Plaintiffs claim:

(i) ownership of the copyright under the Copyright Act 1987 ("CA 1987") that they argued subsists in the expression of idea in the pictures, drawings and diagrams (including the literatures) of the components of termite control constituting an underground reticulation system of termite control as enumerated in paras 11 (a)-(c) of their Amended Statement of Claim ("the Plaintiffs' Works");

(ii) infringement of the copyright of the Plaintiffs' Works by the Defendant through the reproduction of the same in the Defendant's termite reticulation system or otherwise from such works ("the Defendant's Infringing Work");

(iii) the Defendant was unlawfully selling the Defendant's Infringing Work or offering to sell the same;

(iv) the Defendant unlawfully used the Defendant's Infringing Work in its tender project documents;

(v) the Defendant was reproducing the Plaintiffs' Works without the Plaintiffs' license and permission; and

(vi) the Defendant had committed the tort of passing off and unlawful interference with the Plaintiffs' trade or business by causing confusion or attempt to cause confusion in the termite reticul


Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top