ADLEESYA BEAUTY SDN BHD v 1. ) NORDLEEZ ENTERPRISE 2. ) LIZAWATI BINTI RAFLIS

wa-22ip-63-10-2020 High Court (Mahkamah Tinggi) 2 November 2023 • WA-22IP-63-10/2020

Catchwords

Intellectual Property – Copyright – Artistic work – Packaging design – Infringement of copyright – Objective similarity of works and casual connection – Passing Off – Statutory Declaration as a prima facie evidence – Copyright Act 1987 – Commonplace elements – Adverse inference due to suppression of evidence – Independent creation rebutted – Claim partially allowed. Plaintiff’s product packaging was held to be an artistic work protected under the Copyright Act 1987. Court found substantial objective similarity and causal connection between Plaintiff’s and Defendants’ boxes. Defendants’ failure to call key witnesses led to adverse inference. Copyright infringement and passing off proven. Certain generic elements excluded. Claim partially allowed.

Practice Areas

Intellectual Property

Judges (1)

Mohd Radzi bin Harun Delivered

Parties (3)

ADLEESYA BEAUTY Sdn Bhd Plaintiff NORDLEEZ ENTERPRISE Defendant Lizawati binti Raflis Defendant

Judgment

Read the full judgment on the official Malaysia Courts portal.

Read on eJudgment

Source: eJudgment (wa-22ip-63-10-2020)