Low Hop Bing J

CLAIM AND COUNTERCLAIM

The plaintiff’s claim is based on:

(a)the infringement of its registered trademarks viz ‘FUCIDIN’ (registration No 85/04916) and ‘FUCICORT’ (registration No M/90043) in Class 5 in respect of pharmaceutical and veterinary preparations on 7 November 1985 and 3 April 1981 respectively (collectively ‘the plaintiff’s trademarks’); and

(b)passing off or attempted passing off of pharmaceutical products, not being of the plaintiff’s, as and for the plaintiff’s.

The defendant has in turn made a counterclaim for rectification, to invalidate and expunge the registration of the plaintiff’s trademarks, and for damages arising from unlawful interference with the defendant’s trade or business.

AGREED FACTS

The plaintiff is a corporation, incorporated in Denmark. Its principal place of business is at 55, Industriparken, DK-2750, Batterup, Denmark. The plaintiff carries on the business of manufacturing and distributing, inter alia, antibiotic preparations containing fucidic acids bearing the trademarks.

The defendant is a private limited company incorporated under the Companies Act 1965. Its registered office is at 535B, Jalan Merdeka, Melaka Raya, 75000 Melaka. Its bu