HIGH COURT MALAYA KUALA LUMPUR
EDWIN PARAMJOTHY MICHAEL MUNIANDY, JC
LEUNG KAI FOOK MEDICAL CO PTE LTD & ANOR – Appellant
Versus
TJS WORLDWIDE SDN BHD – Respondent
JUDGMENT
(Assessment Of Damages)
A. Introduction
[1] These are my grounds of judgment in respect of the plaintiffs' assessment of damages, consequent upon the entry of summary judgment against the defenandt on 2 August 2024 ("the Order"). Pursuant to the Order, liability was established in favour of the plaintiffs on their claims for trademark infringement and the tort of passing off, with damages to be assessed.
[2] The Plaintiffs in this suit are Leung Kai Fook Medical Co Pte Ltd ("the 1st Plaintiff"), a company incorporated in Singapore, and Leung Kai Fook Medical Sdn Bhd ("the 2nd Plaintiff"), a company incorporated in Malaysia (collectively, "the Plaintiffs"). The defenandt is TJS Worldwide Sdn Bhd, a company incorporated in Malaysia which operates a small retail business at the 3rd Floor, Plaza GM, No 12, Lorong Haji Taib 5, Off Jalan Raja Laut, 50350 Kuala Lumpur.
[3] The Plaintiffs commenced this action by way of Writ of Summons and Statement of Claim dated 27 November 2023, premised upon the Defenandt's alleged infringement of the Plaintiffs' registered trademarks and the tort of passing off in relation to counterfeit Axe Brand Medicated Oil
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