2026
SOMEONE JUST COPIED YOUR BRAND. NOW WHAT?
September 4, 2026
SOMEONE JUST COPIED YOUR BRAND. NOW WHAT?
You have poured months or years of capital, creative energy, and brand building into your business. Then, almost overnight, you discover a copycat selling identical products, mimicking your logo, or piggybacking on your trade name.
When a business idea, branding identity, or product is “stolen”, Malaysian law provides robust statutory and civil protection. For core branding elements—such as trading names, logos, slogans, or distinctive packaging—your primary weapon is trademark law codified under the Trade Marks Act 2019 (TMA 2019).
What Constitutes Trademark Infringement?
Under the TMA 2019, trademark infringement occurs when an unauthorized third party uses an identical or confusingly similar sign in the course of trade without the registered proprietor’s consent, leading to a likelihood of consumer confusion:
- Section 54 TMA 2019: Defines acts amounting to infringement of a registered trademark (including direct copying and deceptive similarity);
- Section 56 TMA 2019: Governs civil proceedings and empowers the High Court to award comprehensive remedies to aggrieved brand owners.
The Seven Powerful Legal Remedies Available to Brand Owners
If someone infringes your registered trademark, you can commence civil proceedings in the High Court and seek the following reliefs:
- Injunction (Interim & Permanent): The single most vital remedy. The court can grant an urgent interim injunction within days to immediately freeze the infringer’s sales and online marketing, followed by a permanent injunction after trial.
- Damages: Monetary compensation for losses suffered, including lost profits, brand dilution, and reputational damage.
- Account of Profits (Alternative to Damages): You can elect to disgorge and claim the actual net profits made by the infringer from their unlawful sales.
- Delivery Up & Destruction: The court can order the infringer to hand over all infringing stock, labels, advertising materials, and packaging for destruction under oath.
- Statutory Damages: The TMA 2019 allows for statutory damages where calculating precise financial loss is complex or impractical.
- Judicial Declaration: A binding court declaration certifying that your trademark has been infringed.
- Costs & Statutory Interest: Legal costs and judgment interest (typically 5% per annum) awarded against the infringer.
Case Illustration: The Polo/Lauren Company, L.P. v. RCB Marketing Sdn Bhd [2025] MLJU 4617
A textbook illustration of the formidable reach of the TMA 2019 occurred in the 2025 High Court decision in The Polo/Lauren Company, L.P. v. RCB Marketing Sdn Bhd.
The Plaintiff, owner of the globally recognized “POLO” trademark, sued a local company for marketing apparel bearing identical and confusingly similar marks. The High Court granted Summary Judgment in favour of the Plaintiff, holding that the Defendant had no bona fide defence:
- Direct Infringement under Section 54(1): The Defendant used an identical sign (“POLO”) on identical fashion goods without the proprietor’s consent;
- Deceptive Similarity under Section 54(2)(b): Alternatively, the Defendant used similar marks giving rise to an undeniable likelihood of public confusion.
The Comprehensive Reliefs Ordered by the High Court:
- Permanent Injunction: Restraining the Defendant from using the “POLO” mark in physical retail, marketing campaigns, and e-commerce websites;
- 7-Day Delivery Up: Ordering the Defendant to surrender all infringing goods, packaging, and labels within 7 days, supported by an affidavit of compliance;
- Supply-Chain Disclosure Orders: Compelling the Defendant to disclose the full identities, addresses, and transaction logs of all manufacturers, suppliers, and wholesale buyers;
- Inquiry as to Damages or Account of Profits: Plaintiff permitted to elect between damages or an account of profits; and
- 5% Post-Judgment Interest & RM10,000 Costs.
Strategic Takeaway for Business Owners
The law in Malaysia does not tolerate brand theft. As illustrated in the Polo/Lauren decision, registered trademark proprietors have an overwhelming statutory advantage under the Trade Marks Act 2019. If a competitor attempts to hijack your brand, acting decisively with a formal Letter of Demand and High Court injunctive proceedings can shut down infringing supply chains, compel product forfeiture, and recover damages.
Disclaimer: This article is for informational purposes only and does not constitute formal legal advice. If you suspect your trademark, logo, or brand identity has been infringed, contact Hasrina Hakimi Advocates & Solicitors immediately for strategic IP enforcement.
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2026
