Cebu Pacific wins Malaysia trademark case

Cebu Pacific has secured a High Court ruling in Malaysia stopping MOVE Travel Sdn Bhd from using the airline’s CEBU PACIFIC and CEBGO trademarks and from selling flights bearing those marks without authorization.

The case was filed in June 2024 before the High Court of Malaya at Kuala Lumpur, where Cebu Pacific sued MOVE for passing off.

The airline sought to restrain MOVE from using the CEBU PACIFIC and CEBGO trademarks and from distributing, offering for sale, or selling flight tickets under those trademarks without Cebu Pacific’s approval.

Cebu Pacific said it had never authorized MOVE to use the CEBU PACIFIC and CEBGO trademarks.

The airline also said it had never authorized MOVE to distribute or sell its flight tickets through the platform.

The High Court allowed Cebu Pacific’s claim against MOVE.

The court held that MOVE is liable for passing off.

Cebu Pacific obtained an injunction restraining MOVE from using the CEBU PACIFIC and CEBGO trademarks.

The injunction also bars MOVE from distributing, offering for sale, or selling Cebu Pacific flights through its travel booking platform without authorization.

The ruling means MOVE is not entitled to use the CEBU PACIFIC and CEBGO trademarks or sell flights bearing those marks unless authorized by Cebu Pacific.

The High Court also held that the CEBU PACIFIC and CEBGO trademarks are well-known trademarks.

The court ordered MOVE to pay MYR 120,000 in costs to Cebu Pacific.

The court also awarded damages to Cebu Pacific, with the amount to be assessed in separate proceedings.

The decision reinforces the importance of trademark protection in online travel distribution, where airlines and booking platforms rely on brand identity, consumer trust, and authorization arrangements.

Passing off generally protects businesses against misrepresentation that may lead consumers to believe that goods or services are connected to a brand owner when they are not.

Cebu Pacific said it remains supportive of travel platforms and partners that use the CEBU PACIFIC and CEBGO trademarks and distribute, offer to sell, or sell airline tickets bearing those marks, provided they do so with proper authorization.

The airline also reminded passengers that booking directly with Cebu Pacific remains the best way to access its lowest fares and latest promos.

Cebu Pacific said direct booking also allows passengers to manage bookings easily, receive direct flight notifications, and have a smoother customer experience.