Court of Appeal
Most Malaysians will be familiar with Munchy Food Industries Sdn Bhd, a household name in the Malaysian biscuits and confectionery industry. However, what may not be common knowledge is that one of Munchy's most famous products, LEXUS biscuit, was the central feature of a recent Federal Court decision.(1)
Munchy is the registered proprietor of the trademark "LEXUS" (the LEXUS trademark). In August 2015, Munchy received a complaint from one of its customers who had wrongly associated Huasin Food Industries Sdn Bhd's biscuits with that of Munchy.
Huasin is also in the biscuit manufacturing business. Among the items offered for sale by Huasin is the LEX biscuit, which uses the trademark "LEX" (the LEX trademark).
Figure 1: Munchy's LEXUS biscuit packaging