Posted on Feb 5, 2020

Veon Szu & Kok Thye (George Town Office)

My firm secured a sweet court battle victory on last Monday at Alor Setar High Court!

Two years ago, our clients' premises were raided by the Domestic Trade Department enforcement team. The enforcement team came with a Trade Description Order ("TDO") obtained ex parte by our clients' competitor from Alor Setar High Court. The TDO declares our clients' trademark (which was pending registration then) infringes their registered trademark. As a result, our clients' goods that bear their own trademark (pending Myipo's approval then) were seized. Not only that, but criminal prosecution was also instituted against our clients for using false trade descriptions. Worse, there was extensive media coverage of the raid.

Ou clients sought out our help. We rushed to court and applied for, and successfully obtained an order to stay the enforcement of TDO preventing the criminal prosecution from continuing pending the disposal of our clients' application to set aside the TDO.

After two long years of the court battle, with numerous interrogatory applications filed in between, the Court finally allowed our clients' application setting aside the TDO with costs. A further case management date was fixed to deal with #trademak #litigation #intellectualproperty #trademark# #enforcement
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