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    Certificate of Urgency

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    Siti Nazatul Murnirah
    The solicitor certifies that the plaintiffs' ex-parte application for an Anton Piller order against the defendants needs to be heard urgently for several reasons. First, there is evidence the defendants illegally produced and sold counterfeit versions of the plaintiffs' perfume. Second, the defendants likely possess evidence related to this in their packaging, designs, documents and trademark information. Third, there is a real risk the defendants may destroy this evidence given their conduct and to avoid legal action, so the evidence needs protecting. An urgent hearing is requested to protect the plaintiffs' trademark rights and avoid deceiving consumers.

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    Certificate of Urgency

    Uploaded by

    Siti Nazatul Murnirah
    3K views4 pages
    The solicitor certifies that the plaintiffs' ex-parte application for an Anton Piller order against the defendants needs to be heard urgently for several reasons. First, there is evidence the defendants illegally produced and sold counterfeit versions of the plaintiffs' perfume. Second, the defendants likely possess evidence related to this in their packaging, designs, documents and trademark information. Third, there is a real risk the defendants may destroy this evidence given their conduct and to avoid legal action, so the evidence needs protecting. An urgent hearing is requested to protect the plaintiffs' trademark rights and avoid deceiving consumers.

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    The solicitor certifies that the plaintiffs' ex-parte application for an Anton Piller order against the defendants needs to be heard urgently for several reasons. First, there is evidence the defendants illegally produced and sold counterfeit versions of the plaintiffs' perfume. Second, the defendants likely possess evidence related to this in their packaging, designs, documents and trademark information. Third, there is a real risk the defendants may destroy this evidence given their conduct and to avoid legal action, so the evidence needs protecting. An urgent hearing is requested to protect the plaintiffs' trademark rights and avoid deceiving consumers.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    3K views4 pages

    Certificate of Urgency

    Uploaded by

    Siti Nazatul Murnirah
    The solicitor certifies that the plaintiffs' ex-parte application for an Anton Piller order against the defendants needs to be heard urgently for several reasons. First, there is evidence the defendants illegally produced and sold counterfeit versions of the plaintiffs' perfume. Second, the defendants likely possess evidence related to this in their packaging, designs, documents and trademark information. Third, there is a real risk the defendants may destroy this evidence given their conduct and to avoid legal action, so the evidence needs protecting. An urgent hearing is requested to protect the plaintiffs' trademark rights and avoid deceiving consumers.

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    © All Rights Reserved
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    IN THE HIGH COURT OF MALAYA AT SHAH ALAM

    IN THE STATE OF SELANGOR, MALAYSIA


    (CIVIL DIVISION)
    SUIT NO: 45-NCVC-05/2018

    BETWEEN

    NINA SIMONE HOLDINGS … 1st PLAINTIFF


    (COMPANY NO : 371296-N)

    ANNIE LENNOX INDUSTRIES SDN BHD


    (COMPANY NO: 873211- A) …2nd PLAINTIFF

    AND

    GROHL ORG
    (REGISTRATION NO. 098789-GO) ... 1st DEFENDANT

    SARAH MCLACHLAN MARKETING SDN BHD


    (COMPANY NO: 348981-S) … 2nd DEFENDANT

    CERTIFICATE OF URGENCY

    I, ​MUHAMMAD MUHAIMIN (NRIC NO.: 960116-10-6793) as an Advocate and Solicitor

    of the High Court of Malaya whose address of service is at ​MESSRS. RAZMAN & PARTNERS,

    SUITE 1 AL 528, ACADEMIC BUILDING 2, FACULTY OF LAW, UNIVERSITI TEKNOLOGI

    MARA, 40450 SHAH ALAM, SELANGOR DARUL EHSAN​, hereby certifies that the Notice of

    Application for Anton Piller Order made ex-parte under Order 29 rule 2 Rules of Court 2012 by

    the Plaintiff​ ​dated on​ ​22nd April 2019​ ​ought to be heard urgently on the following grounds:-

    1) There are serious issues to be tried as the Defendant had illegally produce and

    marketed counterfeit products of Nina’s Essence perfume;


    2) The Defendants have in their possession incriminating evidence i.e. the packaging

    boxes, drawings, documents and other information relating to Nina’s Essence distinctive

    Trademarks;

    3) From the conduct of untrustworthy Defendants, there is a real possibility that the

    Defendant may destroy or conceal the incriminating evidence in their possession.

    (a) The Defendants, who had illegally produced counterfeit Nina’s Essence

    perfume from the Plaintiff, had wrongfully put the counterfeit perfume for sale

    on the Internet principally for the USA and European market without the

    Plaintiff authorization;

    4) The Plaintiff verily believes that there is a real risk danger that the Defendant would

    dispose of any incriminating evidence, if the Defendant is informed of any impending

    legal action against him, the Defendant might take steps to dispose of, destroy, suppress

    or conceal incriminating evidence which is in the possession of the Defendant.

    5) There is a need to urgently protect the rights and privilege conferred on the Plaintiffs

    Trademarks right from being exploited by the Defendants because it could lead to

    deceiving the members of the public that the defendant's perfume is the plaintiff's

    perfume.
    6) Therefore, by reasons stated above, the plaintiff prays to the Honourable Court for an

    early hearing date for the notice of application applying for Anton Piller Order as filed

    herein.

    Dated the ​23rd​ Day of ​April 2018

    ……………………………
    Solicitor for the Plaintiff

    This ​CERTIFICATE OF URGENCY ​is filed by Messrs. Razman & Partners, Solicitors for the
    Plaintiffs, whose registered address is at Suite 1, AL 528, Academic Building 2, Faculty of Law,
    Universiti Teknologi MARA, 40450 Shah Alam, Selangor Darul Ehsan.
    (Ref No.: RP/CIVIL/APO/91-2019/MIN)

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