: In this action, the claim of H & R Johnson Tiles Ltd ('the first plaintiff') and Norcros Industry (International) Ltd ('the second plaintiff') against H & R Johnson (M) Bhd (formerly known as 'H & R Johnson (M) Sdn Bhd') ('the defendant') is centred on two main causes of action, namely:

(1) passing off;

(2) the plaintiffs' contractual rights arising under the technical aid agreement dated 15 December 1976 ('TAA') or alternatively, an implied agreement upon the terms of the TAA between the first plaintiff and the defendant.

The dispute revolves over the rights to use the names H & R Johnson and Johnson ('the trade marks') and the 'Tile-on-Tile' Logo ('the logo') in relation to ceramic tiles in Malaysia.

For the record, the witnesses for both parties gave their evidence-in-chief by way of written statements. PW1 and PW2 gave evidence in England by virtue of an order issued by the court here. In proceedings before me, it was again agreed by the parties that the evidence be recorded by computerised transcription system through the personnel of a company from Hong Kong. This system helped to expedite the proceedings.

Before the start of the proceedings, both counsels agreed t