Case: Move Travel Sdn Bhd v Malaysia Airlines Berhad & Anor | 30 June 2026
Digital platforms often display the brands of other companies as part of their services. A Malaysian trademark dispute involving the MOVE travel application, Malaysia Airlines and Firefly highlights the potential legal consequences when the use of another party’s registered trademarks suggests authorisation or commercial affiliation that does not exist.
Background of the dispute
Move Travel Sdn Bhd operated the MOVE travel application. The dispute concerned its display of the MALAYSIAN AIRLINES and FIREFLY trademarks, alongside the sale of flight tickets bearing those marks, without authorisation from the relevant trademark proprietors.
The High Court found in favour of the trademark proprietors, and the Court of Appeal unanimously affirmed the decision. According to the published litigation update, the courts concluded that the unauthorised use created confusion and falsely suggested an association with, or authorisation by, the trademark proprietors.
Federal Court refuses leave to appeal
Move Travel applied for leave to appeal, raising ten proposed questions involving trademark infringement, passing off and statutory defences under the Trademarks Act 2019. On 30 June 2026, the Federal Court dismissed the application in its entirety.
This was a refusal of leave, not a new substantive Federal Court judgment on each underlying trademark issue. The effect was that the Court of Appeal decision remained undisturbed.
What online businesses should consider
1. Third-party marks require a legal basis for use
Merely selling, listing or discussing another party’s products does not necessarily authorise all ways of displaying the proprietor’s mark. The legal position turns on the actual use and applicable statutory provisions.
2. Avoid a misleading impression of affiliation
Platform layouts, logo placement, ticket listings and other presentation elements should not misleadingly imply that a brand proprietor officially endorses or authorises a platform.
3. Review distribution and platform agreements
Where businesses integrate products or services owned by others, agreements and branding guidelines should clearly address the scope of permitted trademark use.
Beyong IP’s Perspective
The growth of digital marketplaces makes trademark governance increasingly important. Businesses should conduct a practical review of how third-party brands appear on websites, apps, promotional materials and transaction documents before launch.
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.
