TCE Sports Sdn Bhd v Bullzen Sport (Malaysia) Sdn Bhd

Court of Appeal · · Tort Law, Intellectual Property Law

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TCE Sports Sdn Bhd v Bullzen Sport (Malaysia) Sdn Bhd
CourtCourt of Appeal
Judgment Date12 December 2024
Date Uploaded24 October 2025
Legal TopicsTort Law, Intellectual Property Law
Parties

Appellant(s): Tce Sports Sdn Bhd

Respondent(s): Bullzen Sport (Malaysia) Sdn Bhd

Bench
  • YAA Datuk Hajah Azizah binti Haji Nawawi
  • YA Dato' Azizul Azmi Bin Adnan
  • YA Datuk Seri Mohd Firuz Bin Jaffril
Facts & Background
  • The plaintiff initiated an action against the defendant for the tort of passing off, alleging that the defendant's fishing line products infringed upon its goodwill and reputation.
  • The plaintiff claimed valuable goodwill in its "SOL"-branded braided fishing lines and their distinctive get-up, which the defendant allegedly misrepresented with its "XOL" mark and similar product packaging.
  • The High Court dismissed the plaintiff's claim, finding that the plaintiff failed to establish goodwill, misrepresentation (due to lack of confusing similarity), and damage.
Issues for the Court
  • Whether the High Court erred in finding that the plaintiff failed to establish goodwill, particularly in light of unchallenged evidence of sales revenue.
  • Whether the High Court correctly assessed misrepresentation by comparing individual elements of the product packaging rather than the overall get-up, and by overlooking the defendant's admission of similarity in trademark opposition proceedings.
  • Whether damage could be inferred by the Court given the alleged similarities between the competing products.
Decision
  • The Court of Appeal allowed the appeal, setting aside the High Court's judgment, finding that the plaintiff had successfully proven all three elements of passing off.
  • The Court held that goodwill was established through the plaintiff's unchallenged sales revenue figures, which demonstrated sustained growth over several years.
  • The Court found that the High Court erred in its assessment of misrepresentation by failing to consider the striking overall similarities in the get-up of the product packaging and by disregarding the defendant's prior admission of confusing similarity.
  • The Court concluded that damage could be inferred due to the sufficient similarity between the plaintiff's and defendant's products.
  • The Court granted the plaintiff's prayers, directed an inquiry into damages, and awarded pre-judgment and post-judgment interest, along with costs.
Link to JudgmentView Full Judgment

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