On February 17, 2012, the Malaysian High Court held in favour of the plaintiffs in Burukan Bin Mohamed & Two Ors v Sirajudin Bin Y Mohamed Mydin & Three Ors.
On February 17, 2012, the Malaysian High Court held in favour of the plaintiffs in Burukan Bin Mohamed & Two Ors v Sirajudin Bin Y Mohamed Mydin & Three Ors concerning the use of a mark in a family restaurant business and the parties’ agreement after parting ways.
The first plaintiff (BBM) and the first defendant (SBMM) are brothers who wished to continue separately to run an Indian restaurant business inherited from their father, popularly known as Kayu Nasi Kandar, in Malaysia.
To this end, the brothers entered into an agreement under which BBM retained control of two outlets and SBMM retained control of the remaining 10 outlets. The parties also agreed that they would be allowed to continue using the trade name ‘Restoran Kayu Nasi Kandar’ for their “continuing business”.
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trademark infringement, trade name, passing off, Malaysian High Court