{"id":6205,"date":"2026-08-10T18:13:00","date_gmt":"2026-08-10T10:13:00","guid":{"rendered":"https:\/\/yhalaw.com.my\/?p=6205"},"modified":"2026-08-10T18:13:00","modified_gmt":"2026-08-10T10:13:00","slug":"passing-off-unregistered-trademark-golden-damascus","status":"publish","type":"post","link":"https:\/\/yhalaw.com.my\/zh\/passing-off-unregistered-trademark-golden-damascus\/","title":{"rendered":"LEGAL UPDATES \u2013 TORT \u2013 PASSING OFF \u2013 INTERIM INJUNCTION \u2013 NO TRADEMARK? NO PROBLEM: COURT PROTECTS RESTAURANT’S GOODWILL FROM COPYCATS"},"content":{"rendered":"

1. Summary and Facts:<\/strong>
\n<\/h2>\n

Golden Damascus Diversifies Sdn Bhd v Aroi Thai Kitchen (Puncak Alam) Sdn Bhd<\/strong><\/em> [2026] 10 MLJ 97 involved a restaurant operating as \u201cDamascus\u201d since 2018 with a substantial social media following. A competitor began renovating a new outlet as \u201cDamascus Delight\u201d, with evidence its owners had instructed their contractor – and visited the plaintiff’s premises – to replicate the plaintiff’s interior design.<\/p>\n

2. Legal Issues:<\/strong><\/h2>\n
    \n
  • \n

    Whether the plaintiff, without a registered trademark, established a serious issue to be tried in passing off.<\/p>\n<\/li>\n

  • \n

    Whether damages would be adequate, and where the balance of convenience lay given the defendant had not yet opened.<\/p>\n<\/li>\n<\/ul>\n

    3. Court\u2019s Findings:<\/strong>
    \n<\/h2>\n
      \n
    • \n

      Passing off does not depend on trademark registration – seven years of continuous use, a strong social media following and evidence of actual customer confusion raised a serious issue on goodwill, misrepresentation and damage.<\/p>\n

        \n
      • \n

        That \u201cDamascus\u201d is also a generic geographical name used by others did not defeat the claim, since the case rested on the combination of the name with the plaintiff’s trade dress, not the word alone.<\/p>\n<\/li>\n<\/ul>\n<\/li>\n

      • \n

        Damage to goodwill is inherently difficult to quantify, so damages were not an adequate remedy if the injunction were refused and the plaintiff later succeeded at trial.<\/p>\n<\/li>\n

      • \n

        The balance of convenience favoured the injunction since the defendant’s outlet had not yet opened and remained free to trade under another name.<\/p>\n<\/li>\n<\/ul>\n

        4. Practical Implications:<\/strong><\/h2>\n

        This case confirms that a business can protect an unregistered brand identity through passing off where it can show real goodwill and a deliberate attempt by a competitor to copy its concept.<\/p>\n

          \n
        • \n

          Evidence of a competitor’s deliberate visit to \u201cstudy\u201d a business’s premises, or written instructions to replicate its design, can be powerful evidence of misrepresentation.<\/p>\n<\/li>\n

        • \n

          Registering a trademark remains best practice, but is not a precondition to obtaining interim relief against a copycat competitor.<\/p>\n<\/li>\n<\/ul>\n","protected":false},"excerpt":{"rendered":"

          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.<\/p>\n","protected":false},"author":10,"featured_media":6206,"comment_status":"closed","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_seopress_titles_title":"PASSING OFF PROTECTS GOODWILL WITHOUT A REGISTERED TRADEMARK","_seopress_titles_desc":"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.","_seopress_robots_index":"","_seopress_robots_follow":"","_seopress_robots_imageindex":"","_seopress_robots_snippet":"","_seopress_robots_primary_cat":"1564","_seopress_robots_breadcrumbs":"","_seopress_robots_freeze_modified_date":"","_seopress_robots_custom_modified_date":"","_seopress_robots_canonical":"","_seopress_social_fb_title":"PASSING OFF PROTECTS GOODWILL WITHOUT A REGISTERED TRADEMARK","_seopress_social_fb_desc":"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.","_seopress_social_fb_img":"https:\/\/yhalaw.com.my\/wp-content\/uploads\/2026\/08\/legal-update-v386-passing-off-golden-damascus-featured-1200x630-1.avif","_seopress_social_fb_img_attachment_id":6206,"_seopress_social_fb_img_width":1200,"_seopress_social_fb_img_height":630,"_seopress_social_twitter_title":"PASSING OFF PROTECTS GOODWILL WITHOUT A REGISTERED TRADEMARK","_seopress_social_twitter_desc":"Can a business protect its brand without a registered trademark? 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