Move Travel Sdn Bhd v Malaysia Airlines Berhad & Anor
Move Travel Sdn Bhd v Malaysia Airlines Berhad & Anor
Federal Court Civil Application No. .08(f)-1(M)-02/2026(W) | 30 June 2026
Shearn Delamore & Co.'s Intellectual Property Partner Indran Shanmuganathan and Dispute Resolution Partner Rabindra S. Nathan, together with the Intellectual Property team, comprising Yap Khai Jian and Naagathurga Vijaya Kumar, successfully acted for the Respondents in proceedings before the Federal Court on 30 June 2026.
Move Travel Sdn Bhd (“the Applicant”) sought leave to appeal against the decision of the Court of Appeal, raising ten proposed questions concerning trademark infringement, passing off and the statutory defences under the Trademarks Act 2019.
The Court of Appeal (which affirmed the High Court’s decision unanimously) had previously held that the Applicant had infringed the Respondents' registered trademarks by displaying the MALAYSIAN AIRLINES and FIREFLY trademarks, and by selling flight tickets bearing those trademarks on the Applicant’s “MOVE” app without the Respondents’ authorisation. The Court found that such unauthorised use created confusion and falsely suggested an association with, or authorisation by, the Respondents.
The Federal Court dismissed the leave application in its entirety, finding that none of the ten proposed questions warranted the grant of leave. Accordingly, the Court of Appeal's decision remains final and binding. The Applicant is thus refrained from using the MALAYSIAN AIRLINES and FIREFLY trademarks and sell or offer to sell flight tickets bearing those trademarks on its MOVE app without the Respondents’ authorisation.
The Federal Court's refusal to grant leave brings to a close a significant trademark dispute and leaves intact the Court of Appeal's decision on the scope of trademark infringement and the statutory defences under the Trademarks Act 2019 as well as passing-off.
Congratulations to the team on this successful outcome.
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