Introduction

[1] This appeal is against the decision of the High Court dated 21 August 2017 in respect of the consolidated actions consisting of two (2) separate High Court suits, namely WA-22IP-5-02/2016 ("Passing Off Suit") and WA- 22IP-31-06/2016 ("Expungement Suit").

[2] This appeal is brought by Appraisal Property Management Sdn Bhd ("APM"), JLL Property Services (Malaysia) Sdn Bhd ("JLLP") and Jones Lang Wootton Ltd ("JLWL"). They are the respective defendants in the Passing Off Suit initiated by the plaintiff, Singham Sulaiman Sdn Bhd (SSSB).

[3] In the Passing Off Suit, APM and JLLP's appeal is against the learned Judicial Commissioner's ("JC") decision to allow SSSB's claim for passing off under Jones Lang Wootton and JLW Marks. SSSB has been using the following trade marks ("JLW Marks") in its real estate business:

(i) "Jones Lang Wootton" name;

(ii) Jones Lang Wootton composite mark has been registered by SSSB in the Register of Trade Marks (Register) for services in Class 36 (Jones Lang Wootton Registered Trade Mark);

(iii) "Jones Lang" name; and

(iv) "JLW" mark.

[4] JLLP's appeal is also against the dismissal of its counterclaim against SSSB for passing off,