KUALA LUMPUR: Popular food brand Tiga Budak Gemok (TBG) has filed a suit against an individual over misrepresentation and copyright infringement.
Tiga Budak Gemok Sdn Bhd named Mohd Anil Mohamad and his two companies - MAAM Baraka Venture Sdn Bhd and Day Food Industry Sdn Bhd - as the first, second, and third defendants, respectively.
The TBG food business is owned by three siblings who are directors in the company, namely Natasha Helwa Ramlee, Muhammad Rafeel Ramlee and Natalia
Ramlee, and is famous for its sambal kicap (soy sauce sambal) chicken dish served with white rice.
In its statement of claim, the plaintiff said Mohd Anil, who is Natasha's ex-husband, had opened a similar business and sold a similar dish of sambal kicap chicken.
The plaintiff claimed that Mohd Anil was allowed to open a 3BG branch in Bangi by the directors, as he was one of the family members.
However, after Natasha and Mohd Anil divorced, the branch was closed and Mohd Anil opened a new eatery selling the same sambal kicap menu,but it was renamed to '3BG' or '3BG Ayam Kicap Sambal Power'.
"Anil, through his companies MAAM Baraka and Day Food Industry, introduced 3BG distribution centre on social media to seek partnership to open new branches," claimed the plaintiff in the suit was filed through law firm Messrs Adnan Sharida & Associates on July 26.
The plaintiff further claimed that the defendant had registered "3budak gemok Ayam Kicap Sambal Power" for trademark without TBG's directors' consent two years ago, causing them unable to register the slogan as its trademark.
"He later filed another application for registration of a trademark under '3BG Ayam Kicap Power' without the director's consent on Feb 19, 2020.
"He submitted a very similar logo that we used previously such as the colour scheme and logo's arrangement, which can cause misrepresentation," claimed the plaintiff.
TBG claimed that the defendants had committed misrepresentation and copyright infringement, as they never approved them to adopt their trademarks including the slogan "Ayam Kicap Sambal Power".
The plaintiff is seeking a court declaration that they owned the trademark and copyright of "Tiga Budak Gemok" and "Tiga Budak
Gemok Ayam Kicap Sambal Power".
The plaintiff is also seeking an injunction to restrain the defendants, whether directly or indirectly, from violating its intellectual property trademark and copyrights of "Tiga Budak Gemok" and
"Tiga Budak Gemok Ayam Kicap Sambal Power".
It is seeking general damages, exemplary and/or punitive damages, costs and other reliefs deemed fit by the court.
Lawyer Datuk Adnan Seman, who represented TBG, told the press in an online press conference on Thursday (Aug 5) that the plaintiff was in the process of serving the writ of summons to the defendant.
"The court has fixed Aug 26 for a case management before High Court senior registrar Qasiratul Jannah Usmani Othman," he said.