In
Shizens Cosmetic Marketing (M) Sdn Bhd v. LVMH Perfumes and
Cosmetics (M) Sdn Bhd, Civil Suit No: WA-24IP-21-11/2017 (Mar.
19, 2019), the plaintiff is the owner of trademark Registration
No. 201301836 for LIP TATTOO for goods in Class 3, including
cosmetics, makeup preparations, and lipstick. The plaintiff
disclaimed the word "Lip" as a condition to
registration.
The defendant is part of the renowned Parfum Christian Dior SA
group, which distributes fragrances and cosmetic products under the
DIOR, CHRISTIAN DIOR, and CD marks in Malaysia. The defendant began
using the DIOR ADDICT LIP TATTOO trademark on its cosmetic
products.
The plaintiff brought an infringement action against the
defendant, and the defendant filed a counterclaim to expunge the
defendant's LIP TATTOO trademark.
