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We refer to Telekom Malaysia Berhad’s (“TM”) announcement dated 10 August 2004 in respect of the joint application by TM and Telekom Publications Sdn Bhd (“TPSB”) to seek an injunction and damages from BG Media Sdn Bhd (“BGM”) and BG Online Sdn Bhd (“BGO”) to prevent them from publishing any telephone directories including the “Super Pages” directory comprising the Yellow Pages mark and/or the Yellow Pages Get-Up as set out in the relevant application papers to the Court or a mark or get-up which is confusingly similar thereto.
TM hereby wishes to announce that it has together with TPSB, on 18 August 2005, obtained the approval from the High Court of the terms of the Order for an Interim Injunction dated 9 August 2005 to restrain BGM and BGO whether by themselves, their directors, officers, servants or agents or any of them or any of the companies controlled by or related to them in combination or otherwise howsoever, from doing or authorizing others to do the following acts or any of them:-
a. Using in the course of trade in relation to BGM and BGO’s telephone directories and/or their services and/or their websites the following:
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(collectively referred to as the “Yellow Pages” mark and the “Super Pages Get-Up”).
i. The mark Yellow Pages or any mark/form so closely resembling the Yellow Pages mark as is likely to cause confusion and deception; and
ii. A get-up which is confusingly similar to TM and TPSB’s get-up for their Yellow Pages telephone directories or parts thereof including but not limited to the Super Pages Get-Up,
b. Passing-off or attempting to pass off or causing, enabling or assisting others to pass off BGM and/or BGO’s directories and services and/or the trade and business of them as printers and/or publishers of the directories and/or their websites as and for the TM and TPSB’s telephone directories and/or TM and TPSB’s services and/or the trade and business of TM and/or TPSB, by the use of the “Yellow Pages” mark and the Super Pages Get-Up or any get-up which is confusingly similar to the Yellow Pages Get-Up or any part thereof. c. Printing, publishing, selling or offering for sale, importing, exporting, distributing, marketing, advertising in the print media or through the Internet or otherwise howsoever dealing with directories using the “Yellow Pages” mark and the Super Pages Get-Up or any get-up which is confusingly similar to the Yellow Pages Get-Up or any part thereof. d. Unlawfully interfering with TM and TPSB’s trade and business and/or economic interests and/or contracts by committing any of the acts detailed in paragraphs (a) to (c) above. The said Interim Injunction would be effective and valid until the trial of the case. At the current moment, no trial dates have been fixed by the High Court. TM will make further announcement of any material development on the above matter from time to time.