1 June 2014Jurisdiction reportsChew Kherk Ying

An extended form of passing off

However, in recent cases, Malaysian courts have recognised an extended form of passing off in the cases of Ken Holdings Berhad v Sri Seltra Sdn Bhd [2013] and Trinity Group Sdn Bhd v Trinity Corporation Berhad [2012]. The scope of passing off in these cases extended to ‘wrongful business association’ as opposed to misrepresentation of the source of products.

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An extended form of passing off

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