Courtroom Chronicles: The Battle of IP Rights - Chapter 14

Case: Ariani Textiles & Manufacturing Sdn Bhd v Gulatis Exclusive Sdn Bhd [2024] 11 MLJ

Key Details of the IP Case:

Ariani Textiles & Manufacturing Sdn Bhd, a prominent producer of headscarves under the 'ARIANI' brand, filed a lawsuit against Gulatis Exclusive Sdn Bhd, alleging copyright infringement. Ariani claimed that the defendant had substantially reproduced their headscarf designs, leading to damage to their business, goodwill, and reputation. The IP Court found in favour of the plaintiff and awarded a permanent injunction, damages, and costs.

Legal Arguments and Rulings:

1. Copyright Infringement:

The plaintiff argued that the defendant reproduced its original headscarf designs, which were protected under the Copyright Act 1987. Ariani had filed voluntary notifications of copyright for the designs in 2017, complying with Section 26A of the Act. The court held that the plaintiff’s works were original, the result of substantial skill and labour, and protected by copyright.

2. Defendant's Defence:

Gulatis argued that the designs were commonplace in the textile industry and not eligible for copyright protection. They also contended that their headscarf designs were original creations. However, the defendant failed to call their main fabric designer, Nor Shahiza Abdullah, as a witness. This omission led the court to draw an adverse inference against the defendant.

Practical Implications:

This case reaffirms the importance of securing copyright protection and the risks associated with copying designs. Businesses in the textile industry must ensure that their designs are both original and properly protected under the law to avoid costly legal disputes.

My Comments:

The court’s decision emphasises the significance of maintaining originality and safeguarding designs through proper copyright procedures. This case also highlights the consequences of inconsistent defences and the failure to provide key witness testimony. For businesses, it is essential to have robust strategies in place for protecting intellectual property to prevent potential infringements.

If you have any questions regarding the article, please feel free to contact our managing partner, Eugene Yeong.