Friday September 28, 2012
Court allows Sabah’s Suria to shine
KOTA KINABALU: A Sabah-based company has been allowed to name its mall “Suria Sabah” after Kuala Lumpur-based Suria KLCC Sdn Bhd failed in its appeal to restrain the company from using the name.
On Wednesday, the Court of Appeal, led by a three-man panel comprising Justices Datuk Mohd Hishamudin Mohd Yunus, Datuk Azahar Mohamed and Datuk Balia Yusof Wahi, upheld the High Court’s 2010 decision and dismissed with costs Suria KLCC’s appeal.
The appellate judges arrived at the decision after hearing submissions from counsel Roger Chin, who acted for the appellant, and reply from the respondent’s counsel Shireen Leandra Sikayun.
Suria KLCC filed the suit at the High Court here in 2009 against Makamewah Sdn Bhd, the developer and operator of Suria Sabah mall, seeking damages and an injunction for it to stop using the name “Suria”.
Suria KLCC claimed that Makamewah’s decision to use the logo and name of “Suria” had caused loss and damage to its trade, goodwill and reputation.
Suria KLCC said Makamewah’s use of the name and the swirl logo would cause confusion and deception among the business community and the public.
On May 2010, High Court Judicial Commissioner Stephen Chung held that Suria KLCC 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.