The Malaysian High Court upheld on February 8, 2012, a claim for industrial design infringement, trademark infringement, passing off, conspiracy to injure and breach of duty of confidence by former distributors.
The Malaysian High Court upheld on February 8, 2012, a claim for industrial design infringement, trademark infringement, passing off, conspiracy to injure and breach of duty of confidence by former distributors in the case of Visiber Sdn Bhd v Pon 72 Sdn Bhd & 11 Ors.
The plaintiff (‘Visiber’) runs a direct sales, multi-level marketing company and relies mainly on the network marketing of its members for its products. These include pendants, frames and jewellery. Visiber was the registered proprietor of several industrial designs and a trademark. Visiber also claimed to have acquired immense goodwill and reputation in the get-up of the designs and the unique number methodology used on the pendants and frames, warranting an action under passing off.
In response to Visiber’s claim of industrial design infringement, the defendants alleged that Visiber’s industrial design registrations should be invalidated on grounds that they did not satisfy the criteria of novelty by virtue of Visiber’s prior sales (and as a result, disclosure) of the designs to the Malaysian public.
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Malaysia, trademark infringement, Visiber