Mohd Radzi Harun J:

GROUNDSIN

TRODUCTION

[1]This is an appeal by the Plaintiffs against the decision of this Court which had dismissed their application pursuant to O.18 r. 19(1)(a)(b)(c)(d) Rules of Court 2012 ("ROC 2012") for the Defendant's counterclaim against the Plaintiffs be struck out.

[2]Below are my grounds in coming to such decision.

BACKGROUND

[3]The Plaintiffs' causes of action against the Defendant include the following:

(i)infringement of the 1^st Plaintiff's registered trademarks no. 06005843 for the mark "Verve" in Class 37, no. 06005844 for the mark "Verve" in Class 43, and no. 2011014519 for the mark "Verve" in Class 37;

(ii)passing off products or services not originating from or connected to the 1^st Plaintiff as a product or services originating from or connected to the Plaintiffs;

(iii)using the Plaintiffs' works as set out in Schedule 1 to the Statement of Claim.

[4]The Defendant's defence is mainly premised on his contention that there was express or implied consent by the Plaintiffs, for the sharing, dissemination and utilisation of the 1^st Plaintiff's trademark and the Plaintiffs' works, on the internet including on social media. The Defendant further pleaded that th