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Court of Appeal Reinforces Passing-Off Protection: TCE Sports Triumphs Over Bullzen in Fishing Gear Packaging Dispute
In a significant decision for Malaysian brand owners, the Court of Appeal (“COA”) has allowed TCE Sports Sdn Bhd’s appeal against Bullzen Sport (Malaysia) Sdn Bhd in a passing-off action involving braided fishing line products.
TCE Sports, the company behind the popular “SOL” braided fishing line, complained that Bullzen’s “XOL” series and similar product packaging mimicked its brand identity and confused consumers. While the High Court initially dismissed the claim, the Court of Appeal overturned that decision, recognising TCE’s goodwill and finding that Bullzen’s get-up was deceptively similar.
Below is a summary of the key rulings and their implications for brand owners:-
| NO. | ISSUE | HIGH COURT FINDINGS | COA’S FINDINGS |
|---|---|---|---|
| 1 | Goodwill | Held that TCE failed to prove goodwill in the SOL brand. | TCE’s unchallenged sales figures (RM200k in 2013 to RM2.5m in 2020) demonstrated substantial goodwill in the SOL brand. |
| 2 | Similarity / Get-Up | Compared individual design elements and concluded the marks and packaging were not similar and not capable of causing confusion. | Applied overall impression test; held that the packaging design bore striking similarities in layout, font style, colour scheme, and placement of product information, it is beyond coincidence. |
| 3 | Misrepresentation | Held that customers were unlikely to be misled or confused. | Found clear misrepresentation, even highlighted defendant’s earlier trademark opposition arguments admitting similarity. |
| 4 | Damage | Held no proof of damage caused by the alleged misrepresentation. | Damage inferred because products compete in same market segment and are confusingly similar. |
| 5 | Outcome | Claim dismissed. | Appeal allowed; full judgment for TCE including inquiry on damages, interest, and RM80,000 in costs. |
This decision is a major win for brand owners, particularly those operating without registered trademarks or who rely on packaging trade dress. It sends a clear message that Malaysian courts will not tolerate parasitic copying of product presentation, even if minor differences exist. This decision strengthens passing-off jurisprudence and encourages businesses to defend their brand integrity and market presence.
Cases like this show that proactive IP enforcement plays a crucial role in protecting brand value and consumer trust. Whether you’re a local SME or a global brand, visibility and consistency in the marketplace are key assets worth defending.
At Pintas IP Group, our dedicated IP team has over 20 years’ experience protecting and enforcing trademarks, trade dress, and branding assets across Malaysia and internationally. Need advice on defending your brand or acting against imitators? Book a complimentary consultation with us and learn how to secure and enforce your IP rights effectively.