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    Anjai Durian

    Uploaded by

    Umar Mahfuz
    Junior counsel Muhammad Ariff Azam from MAQA Associates & Co. represents the appellant in a reclaiming motion. He lists the key facts of the case: (1) Appellant Durian Sdn Bhd started selling durian products in 2015 with their popular Inside Durian product; (2) In 2019, Respondent De Durian Sdn Bhd launched a similar vanilla durian cake called Dalam Durian with similar packaging; (3) Sales of Inside Durian dropped 30% as Dalam Durian entered the market. The appellant claims Dalam Durian damaged their reputation and seeks restrictions on Dalam Durian's packaging and advertising, but the High Court ruled in favor of the respondent. The junior counsel

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    Anjai Durian

    Uploaded by

    Umar Mahfuz
    20 views2 pages
    Junior counsel Muhammad Ariff Azam from MAQA Associates & Co. represents the appellant in a reclaiming motion. He lists the key facts of the case: (1) Appellant Durian Sdn Bhd started selling durian products in 2015 with their popular Inside Durian product; (2) In 2019, Respondent De Durian Sdn Bhd launched a similar vanilla durian cake called Dalam Durian with similar packaging; (3) Sales of Inside Durian dropped 30% as Dalam Durian entered the market. The appellant claims Dalam Durian damaged their reputation and seeks restrictions on Dalam Durian's packaging and advertising, but the High Court ruled in favor of the respondent. The junior counsel

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    Junior counsel Muhammad Ariff Azam from MAQA Associates & Co. represents the appellant in a reclaiming motion. He lists the key facts of the case: (1) Appellant Durian Sdn Bhd started selling durian products in 2015 with their popular Inside Durian product; (2) In 2019, Respondent De Durian Sdn Bhd launched a similar vanilla durian cake called Dalam Durian with similar packaging; (3) Sales of Inside Durian dropped 30% as Dalam Durian entered the market. The appellant claims Dalam Durian damaged their reputation and seeks restrictions on Dalam Durian's packaging and advertising, but the High Court ruled in favor of the respondent. The junior counsel

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    20 views2 pages

    Anjai Durian

    Uploaded by

    Umar Mahfuz
    Junior counsel Muhammad Ariff Azam from MAQA Associates & Co. represents the appellant in a reclaiming motion. He lists the key facts of the case: (1) Appellant Durian Sdn Bhd started selling durian products in 2015 with their popular Inside Durian product; (2) In 2019, Respondent De Durian Sdn Bhd launched a similar vanilla durian cake called Dalam Durian with similar packaging; (3) Sales of Inside Durian dropped 30% as Dalam Durian entered the market. The appellant claims Dalam Durian damaged their reputation and seeks restrictions on Dalam Durian's packaging and advertising, but the High Court ruled in favor of the respondent. The junior counsel

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 2

    JUNIOR COUNSEL

    Yang Arif, my name is Muhammad Ariff Azam from MAQA


    Associates & Co. and I appear as junior counsel for the appellant.

    First of all, Is Yang Arif sufficiently familiar with the facts of the
    present reclaiming motion?

    Before we start with submission, I’m going to list down the material
    of facts.

    1. In 2015, the appellants company Durian Sdn Bhd started


    their business of selling durian-based products with its most
    famous product, Inside Durian.
    2. In 2019, the respondent’s company De Durian Sdn Bhd
    started to produce and market vanilla durian cake called
    Dalam Durian which has a different colour and a different
    slogan but similar packaging to Durian Sdn Bhd.
    3. Since Dalam Durian has penetrated the market, the sales of
    Inside Durian have dropped as much as 30% a year.
    4. After an investigation, it was found that the drop of quality
    usually reported by the people is actually meant to the Dalam
    Durian product instead of Inside Durian.
    5. Durian Sdn Bhd was dissatisfied and claimed that de Durian
    has caused damage to their reputatuion and seek to restrict
    Dalam Durian’s packaging and advertising.
    6. In the High Court, the judge held in favour of the defendant,
    de Durian Sdn Bhd.
    Yang Arif, my submission for today is Whether or not the
    damages for the appellant are appraisable or not.

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