KUALA LUMPUR (May 6): Packaging solutions provider Jishan Bhd has denied allegations of infringing on the design feature and configuration of an egg tray owned by two individuals, Yang Chang Kwong and Wang Chih-Shun.

It is seeking to defend against the lawsuit filed by the duo.

"The group is in the stage of refining the prototype of the egg tray and has yet to commercialise the sale of the egg tray. The prototype was produced based on the group’s internal designs and specifications, for which the group has submitted an application to Intellectual Property Corp of Malaysia (MyIPO) for registration of the industrial design," it said in a filing with Bursa Malaysia on Thursday (May 5).

LEAP Market-listed Jishan's wholly-owned subsidiary Jishan Packaging Hub Sdn Bhd (JPH) was on April 4 served with a writ of summons and a statement of claim from Messrs Ng, Arlene Tan and Leong — the solicitors of Yang and Wang.

Yang and Wang are seeking a declaration that JPH is storing and selling egg trays that infringe and/or fraudulently imitate the industrial design in Malaysia without the permission of the duo.

They also want an injunction to restrain JPH from producing and selling the egg tray.

They are also seeking compensation for damages and profit made by JPH arising from the infringement, legal costs and any other reliefs that the court thinks are fair.

To this, Jishan said: "There is no prescribed amount stipulated within the writ of summons and statement of claim as the plaintiffs are seeking for the amount to be determined by the court."

It added that at this juncture, the group is of the opinion that it will succeed in its defence against the allegations.

"Barring any unforeseen circumstances, in the event the court judgement is unfavourable against the group, the board does not anticipate that the compensation/claim amount would result in any material impact on the group’s financial performance and position. In this context, the board does not anticipate the amount to be in excess of RM200,000 being the amount originally sought by the plaintiffs prior to the filing of the writ of summons and statement of claim."

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