Case: Maxcare Success Sdn Bhd v Motionquest Sdn Bhd | Decision: 29 January 2026
Businesses frequently share promotional videos supplied by manufacturers and commercial partners. But could reposting a video on an official Facebook page create trademark infringement liability even when the goods sold in Malaysia bear a different brand? A 2026 Malaysian Court of Appeal decision shows why online marketing content should be part of every company’s trademark compliance review.
Background: the MAXOIL and MAXXOIL dispute
Maxcare Success Sdn Bhd owned the registered MAXOIL trademark for lubricant products. Motionquest Sdn Bhd distributed lubricant products in Malaysia under the MAXX PERFORMANCE branding. Earlier litigation had resulted in the MAXXOIL mark being removed from the Malaysian trademark register.
Between August and October 2020, Motionquest reposted four promotional videos on its official Facebook page that displayed the MAXXOIL sign. Although the products offered locally were not marketed under that sign, Maxcare alleged that the videos infringed its registered trademark.
What did the Court of Appeal decide?
The High Court had dismissed the infringement claim. On appeal, the Court of Appeal found that the relevant social-media reposts amounted to trademark use in the course of trade in the circumstances of the case. The Court considered Section 54 of the Trademarks Act 2019, which encompasses forms of commercial trademark use beyond labels on physical goods, including advertising.
The Court granted a permanent injunction but did not order damages or an account of profits because the evidence did not establish a sufficient basis for monetary relief. The outcome should not be interpreted as a rule that every repost featuring another business’s trademark is automatically infringing; commercial context, relevant rights and surrounding facts matter.
Three practical lessons for businesses
1. Social-media content is part of brand compliance
An infringement assessment should cover websites, videos, online advertisements and marketplace listings, not only product packaging.
2. Overseas promotional material may not be safe to reuse locally
Brand names and trademark rights can differ between jurisdictions. Malaysian distributors should review supplier-provided content before reposting it on local commercial channels.
3. The remedy depends on evidence
The case also illustrates the distinction between establishing actionable trademark use and proving the evidence needed for damages or profits-based remedies.
Beyong IP’s Perspective
Trademark clearance and compliance are continuing commercial responsibilities. Businesses should check proposed product brands and review the signs used in their digital marketing activities, particularly where regional distributors operate under different branding arrangements.
How Beyong IP Can Assist
Beyong IP assists businesses with trademark searches, registration, portfolio management, MyIPO examination objections and preliminary assessments of trademark conflicts. Contact our team to discuss a suitable brand-protection strategy.
Trademark services: https://beyongip.com/trademark-services/
Enquiries: https://beyongip.com/ | general@beyongip.com | +60 17-815 7771
Editorial note: This article is provided for general information and does not constitute legal advice. Specific matters require assessment of the facts and applicable law.
