Recently in October 2021, the Federal Court ruled that LEX brand (made by Huasin Food Industries Sdn Bhd) has infringed Munchy Food Industries Sdn Bhd’s LEXUS brand. The apex court is satisfied that Munchy Food has exclusivity over its registered trademark – LEXUS.
In August 2015, Munchy Food received a complaint from a customer who wrongly associated Huasin Food’s LEX biscuits with the ones produced by Munchy Food – the LEXUS biscuit brand. Munchy Food subsequently sued Huasin Food, alleging that Huasin Food had infringed Munchy Food’s trademark. Huasin Food also filed a counterclaim against Munchy Food.
The High Court held in favour of Munchy Food, and the Court of Appeal ruled in favour of Huasin Food’s appeal. Finally in the highest court – the Federal Court, set aside the Court of Appeal’s decision and reinstated the High Court’s decision, ruled in favour of Munchy’s Food.
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