The High Court has ordered Lee Lap Kee, a sole proprietor of Eco Auto Supply, to pay RM516,777 to Perodua Otomobil Kedua Sdn Bhd and Perodua Sales Sdn Bhd. This decision follows a case of trademark infringement involving counterfeit Perodua-branded lubricants.
Lee’s business was raided on May 16, 2019, by the Ministry of Domestic Trade and Cost of Living, where counterfeit items including Perodua-branded bottles, engine oil, and cap liners were seized.
According to The Edge Malaysia, Lee was initially charged under the Trade Descriptions Act 2011, pleaded guilty, and was fined RM52,920 by the Shah Alam Sessions Court. Subsequently, Perodua filed a civil action for trademark infringement and passing off, leading to a consent judgment in September 2022. This judgment legally prohibited Lee from infringing on Perodua’s trademarks and mandated a public apology in three newspapers.
The High Court later assessed damages, awarding RM16,777.91 for Perodua’s lost business profits and RM500,000 for loss of goodwill and reputation. High Court Judge Adlin Abdul Majid found the award to be “fair and reasonable,” also adding RM15,000 in legal costs for Perodua.
