KUALA LUMPUR, May 20 — The High Court has has ordered Airaz Technologies Sdn Bhd to pay RM1.7 million in damages to Siti Khadijah Apparel Sdn Bhd for copying and infringing the latter’s registered Telekung Harmoni design.
Judge Adlin Abdul Majid issued the order during an online damages assessment proceeding on March 6.
Lawyer Ahmad Hafiz Zubir, representing Siti Khadijah and its director Padzilah Enda, said the court ordered Airaz to pay RM1,216,015.20 in profits from the sale of the Telekung Suqainah products, which infringed the Telekung Harmoni design.
"The court also ordered Airaz Technologies to pay RM500,000 in compensatory and exemplary damages and RM5,000 in costs to Siti Khadijah Apparel," he said when contacted today.
On February 8 last year, Judge Azlan Sulaiman allowed a countersuit by Siti Khadijah and Padzilah after finding that Telekung Suqainah, owned by Airaz, imitated and infringed the industrial design of Telekung Harmoni.
He also dismissed the suit filed by Airaz against Siti Khadijah and Padzilah seeking to revoke the registration of Siti Khadijah's Harmony telekung industrial designs.
Airaz filed the suit on June 2, 2022, seeking to revoke the registered industrial designs of Siti Khadijah's Harmony telekung and for it to be removed from the Industrial Design Registration Record.
On December 14, 2022, Siti Khadijah and Padzilah filed a countersuit claiming that the design and pattern on the head and chin of Telekung Suqainah were significantly similar to Siti Khadijah's Harmoni telekung.
Siti Khadijah claimed that the actions by Airaz in selling, advertising, and distributing the Telekung Suqainah violated its industrial design rights and 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.
— Bernama
