KUALA LUMPUR: The High Court found Airaz Technologies Sdn Bhd's Telekung Suqainah Lite to have imitated and infringed upon the design of Siti Khadijah's Harmoni telekung, owned by Siti Khadijah Apparel Sdn Bhd.
High Court Judicial Commissioner Azlan Sulaiman, in his decision issued last Monday, said, after researching a sample of Suqainah Lite and comparing it visually with the design of 'Harmoni', he found that the important features of 'Harmoni' were also present in Suqainah.
In a countersuit filed on Dec 14, 2022, Siti Khadijah Apparel represented by lawyers Ahmad Hafiz Zubir and Iman Danial Hakim claimed that there was a significant similarity in the design, and pattern on the head and chin of Telekung Suqainah Lite Airaz to Siti Khadijah's Harmoni telekung.
Siti Khadijah Apparel claims that the actions of Airaz Technologies which sells, advertises and distributes Telekung Suqainah Lite Airaz had violated its industrial design rights.
Siti Khadijah Apparel then applied for a declaration order that Airaz Technologies violated the industrial design of its telekung design under Section 32 of the Industrial Design Act 1996.
Meanwhile, lawyer Ahmad Hafiz when contacted said, the court found that there was clear imitation done by Airaz Technologies through the design of the telekung involved.
Ahmad Hafiz said, the court also found that there was sufficient effort by his client in the production and manufacture of Siti Khadijah's Harmoni telekung, which made it a new and original design.
The lawyer said, at the same time, the court rejected the main suit, which was Airaz Technologies' application to cancel the registration of Siti Khadijah's Harmony telekung industrial design filed on June 2, 2022.
He said that in today's proceedings, the court ordered Airaz Technologies to pay RM70,000 in cost and would set a date to hear arguments on the assessment of damages to be paid by Airaz Technologies.
Azlan also ordered Airaz Technologies to pay general damages, exemplary damages and aggravated damages, which would be assessed later.
In his decision, Azlan said Airaz Technologies failed to provide sufficient details regarding Siti Khadijah's telekung design which the plaintiff stated was not something original or new.
"I find that the plaintiff failed to present any telekung samples or physical specimens that were disclosed to the public or already in the market, which were claimed to lack originality or novelty."
