The state’s latest shopping mall has won the legal right to use the word “Suria” after the High Court here dismissed a suit by Kuala Lumpur-based Suria KLCC Sdn Bhd against its use.
Suria KLCC filed the suit in 2009 against Makamewah Sdn Bhd, the developer and operator of Suria Sabah mall here, seeking damages and an injunction for the Sabah firm to stop using the “Suria” name and logo in its trade.
In dismissing the suit, Judicial Commissioner Stephen Chung held that the company had failed to prove that Makamewah’s act and conduct amounted to misrepresentation that would cause actual damage to its business.
He also held that Suria KLCC did not have monopoly or exclusive use of the word “Suria” as it was a common word and not invented.
In his 10-page ruling, Chung said the Suria KLCC’s trademark registration provided protection for the words “Suria” and “KLCC” when they are used together along with the swirl device or logo as a distinctive mark.
He added that Suria KLCC also operated two other shopping malls, the Alamanda Shopping Centre in Putrajaya and Mesra Mall in Terengganu.
“It is pertinent to note that these shopping malls are not known as ‘Suria Putrajaya’ or ‘Suria Terengganu’ or use the word ‘Suria’ as part of their name.
“There is no shopping mall chain in Malaysia which uses the word ‘Suria’ as part of its name,” Chung held.
Suria KLCC had claimed that Makamewah’s use of the word “Suria” in Suria Sabah and the use of the swirl logo were likely to cause confusion and deception among the business community and the public.
Suria Sabah opened over six months ago. - the Star
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