LEGAL UPDATES – TORT – PASSING OFF – INTERIM INJUNCTION – NO TRADEMARK? NO PROBLEM: COURT PROTECTS RESTAURANT’S GOODWILL FROM COPYCATS
Can a business protect its brand without a registered trademark? In Golden Damascus Diversifies Sdn Bhd v Aroi Thai Kitchen (Puncak Alam) Sdn Bhd [2026] 10 MLJ 97, the High Court held that it can. The Court granted an interim injunction restraining the defendant from operating under the name “Damascus Delights”, finding that there was a serious issue to be tried in passing off based on the plaintiff’s established goodwill, evidence of customer confusion, and allegations that the defendant had deliberately replicated the plaintiff’s restaurant concept and interior design. The decision underscores that goodwill and commercial identity can attract legal protection even in the absence of a registered trademark.
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