OFFICIAL ANNOUNCEMENT BY NEXGEN BIOPHARMA RESEARCH AND INNOVATION SARL
In January 2018, we filed a trade mark infringement suit against Celcom Planet Sdn. Bhd. (“Defendant”) that owns and operates an online market place by the name of “11Street” which is accessible at www.11street.my for infringing our trade mark “ ” and/or “MFIII” (collectively referred as the “MFIII Trade Mark. 11Street had published the MFIII Trade Marks and numerous sellers had posted unauthorised MFIII products for sale on 11Street. These sellers did not publish their real identity hence we were unable to ascertain the source of those products. Besides, 11Street had also advertised the MFIII Trade Mark together with products bearing the MFIII trade mark on various third party websites.
On 4 September 2018, the High Court Kuala Lumpur has allowed our application for a summary judgment against the Defendant. The Court held that the Defendant has infringed the MFIII Trade Mark and granted, amongst others, a perpetual injunction to restrain the Defendant from infringing the MFIII Trade Mark and an order compelling the Defendant to disclose the full particulars of each of the Defendant’s sellers and the details of the sales of infringing products on 11Street. The Court further compelled the Defendant to remove or delete all publication and/or listings containing the MFIII Trade Mark, infringing products or any products bearing the MFIII Trade Mark or any such trade mark that is likely to deceive or cause confusion.
We aim to protect our brand, reputation and customers by seeking to halt sales of any unauthorised products. At the same time, we have a responsibility towards our shareholders and agents to protect our investments and intellectual property at all costs. Hence, we will continue to vigorously defend our valuable portfolio of intellectual property assets by protecting MFIII Trade Mark from any unauthorised use.
Please refer to http://mf3swiss.com/unauthorised-websites for a non-exhaustive list of unauthorised websites or auction sites selling unauthorised products. Kindly note that we shall not be liable for any activities or representations of our products on these websites or auction sites.