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10 containers of MALIMBO cigarettes was seized by customs for false customs declaration.
Discovered by Pf and had filed a suit against 1st Df.
Pf’s case
Df’s case
Elements:
o Erven Warnink v Townsend & Sons (Diplock)
Misrep by Df
Misrep made in course of trade
Misrep made to ultimate consumers
Calculated to injure business or goodwill
Causes actual damage
o Fraser
Selling of a class of goods which the TM applies
Class of goods is clearly defined and distinguishes itself from other similar
goods
Because of the reputation, there is goodwill attached
Pf is owner of goodwill
Pf is to suffer and likely to suffer substantial damage
o Reckitt & Colman Products v Borden Inc (Oliver)
Pf has goodwill attached to goods
Df has misrep to the public to lead to believe the Df’s goods are of the Pf’s
Pf to preve he suffers or is likely to suffer damage
o Damage:
Yong Sze Fun v Syarikat Zamani Hj Tamin
Only to show probability of damage to goodwill
Seet Chuan Seng v Tee Yih Jia Food Manufacturing Pte Ltd
If in direct competition, will redily infer likelyhood of damage to
goodwill through loss of sales and loss of exclusive use of Pf trade
name
CT found that Df had passed off MALIMBO as MARLBORO.