Introduction In a landmark decision that has sent shockwaves through the e-commerce sector, the Malaysian High Court delivered a critical judgment in 2024 regarding the AirAsia SuperApp. The case involved the platform selling flight tickets from competitors (Malaysia Airlines and Firefly) without their direct authorization, using their logos and brand names on the app interface.

The Ruling: “Use” vs. “Use as a Trademark” The defendant argued that they were merely acting as an aggregator (like a travel agent) and not using the marks to confuse customers. However, the High Court rejected this, ruling that the unauthorized display of the plaintiffs’ logos constituted trademark infringement. The court emphasized that in the modern digital economy, using a competitor’s logo to drive traffic and sales on your own “SuperApp”—even if you are selling their genuine tickets—can still violate their exclusive rights if not authorized.

Implications for Digital Platforms This case sets a massive precedent for marketplaces and aggregators in Malaysia. It signals that the “booking agent” defense has limits. You cannot simply scrape data and use another company’s branding to build your platform’s credibility without a commercial license.

How ASEAN IPR Helps: If you run a digital platform, your UI/UX design might be a legal liability. ASEAN IPR conducts “Platform IP Audits” to ensure your use of third-party logos (partners, suppliers, or competitors) is legally compliant. We help negotiate the necessary licensing agreements to keep your app running without the risk of a High Court injunction.