JUDGMENT

Haji Abdul Malek bin Haji Ahmad J:

The plaintiff had by summons in chambers filed on 23 June 1993 applied for the following orders:

1. That the defendant whether acting by its directors, officers, servants or agents or any of them or otherwise howsoever be restrained until further order or pending trial of this action from doing the following acts or any of them that is to say:

(a) reproducing or substantially reproducing in any material form, possessing or selling by way of trade, distributing in the course of business, tyres known as Aquagrip tyres, being unlicensed reproductions or substantial reproductions of the first plaintiff's said drawings and/or three-dimensional tyres for which copyright subsists in favour of the first plaintiff in Malaysia of Aquatred tyres as are more specifically described in the statement of claim (hereinafter referred to as "the first plaintiff's said drawings and three-dimensional tyres" respectively); (b) causing, enabling or assisting others to reproduce and/or dispose off unlawfully without the consent or licence of the first plaintiff in any material form by possessing, or selling by way of trade, distributing in the course of trade of tyres known as Aquagrip tyres, being unlicensed reproductions or substantial reproductions of the first plaintiff's said drawings and/or three-dimensional tyres of Aquatred tyres for which copyright subsists in favour of the first plaintiff in Malaysia; (c) converting to and for its own use and purpose the first plaintiff's drawings and/ or three-dimensional tyres of Aquatred tyres for which copyright subsists in favour of the first plaintiff in Malaysia in any material form by possessing, or selling by way of trade, distributing in the course of trade or tyres known as Aquagrip tyres, being unlicensed reproductions or substantial reproductions of the first plaintiff's said drawings and/or three-dimensional tyres of Aquatred tyres; (d) exposing or offering for sale tyres known as Aquagrip tyres, being unlicensed reproductions or sub-stantial reproductions of the first plaintiff's said drawings and/or three-dimensional tyres of Aquatred tyres; (e) passing off or attempting to pass off or causing, enabling or assisting others to pass off tyres not the tyres of the plaintiffs as and for the tyres of the plaintiffs or as indicating a connection or association with the plaintiffs by the use or purported use or in connection therewith in the course of trade the get-up comprising of the tread design and/or other features which are colourably, confusingly or deceptively similar to that of the plaintiffs' Aquatred tyres; or (f) passing-off or attempting to pass off or causing, enabling or assisting others to pass off tyres not the tyres of the plaintiffs as the tyres of the plaintiffs or as indicating a connection or association with the plaintiffs by the use or purported use or in connection therewith in the course of trade the word "Aquagrip" or

any colourable imitation thereof.

2. That the defendant do forthwith withdraw, remove or retrieve from the market all its tyres which are reproductions or substantial reproductions of the plaintiffs' said drawings and/or three-dimensional tyres of Aquatred tyres and/ or consisting of a get-up comprising of the tread design and/or other features which are colourably, confusingly or deceptively similar to the get-up of the plaintiffs' Aquatred tyres and/or tyres bearing the word "Aquagrip" and/ or any other word or words which are colourably or confusingly similar to the word "Aquatred";

3. That the defendant do within seven (7) days of the date of service of this order upon it or its solicitors affirm and file an affidavit and serve a copy thereof upon the plaintiffs' solicitors, Messrs Shook Lin & Bok of 20th Floor, Arab- Malaysian Building, 55, Jalan Raja Chulan, 50200 Kuala Lumpur setting forth accurately and in detail:

(a) the number and quantity in term of units of Aquagrip tyres it has manufactured (inclu