Judge Datuk Wong Kian Kheong made the order after allowing a claim by lubricant manufacturer and supplier Maxcare Success Sdn Bhd, which owns the trade mark ‘Maxoil’.
In his brief judgment, Wong said the trade mark by Maxcare Success was registered in 2008, which was much earlier than “Maxxoil” by Shift Holdings, in 2014.
“The court opines that there is possibility of deceive or confusion between the trade marks by the plaintiff (Maxcare Success Sdn Bhd) and the defendant (Shift Holdings Sdn Bhd). The reason being that, it involves a product which is almost the same, as well as similarities in idea and concept between the two trade marks.
“The finding of this facts is supported by the pronunciation of the two trade marks, which is the same, although they are spelt differently,” he added.
At today’s proceeding, Maxcare Success managing director Abdul Hamid Ba’dizaman and its director, M Syafiq Abdul Hamid were present with their lawyer, Reza Natasha Redzawan, while Shift Holdings was represented by lawyer Tee Kuo Yin.
In the suit filed in July last year, Maxcare Success, which also named Shift Holdings director Tam Wei Han as the second defendant, also sought to remove the trade mark “Maxxoil” by Shift Holdings in accordance with Section 45 (1) of the Trade Marks Act 1975.
It also sought, among others, damages as a result of the defendants’ action in breaching the law and ‘passing-off’ laws where the defendant’s trade mark had created confusion, as well as special and general damages, costs and other relief deemed fit by the court.