KUALA LUMPUR: Veteran artiste Datuk M. Nasir and his company Luncai Emas Sdn Bhd are suing MyTeksi Sdn Bhd, alleging that his name and branding were used without permission in an advertisement.
M. Nasir, whose given name is Mohd Nasir Mohamed, and Luncai Emas filed the writ of summons through Messrs Zulpadli & Edham at the High Court here on April 27.
He named MyTeksi, Grab's registered corporate entity in Malaysia, as the sole defendant.
The matter has been fixed for case management on June 29 via e-Review before deputy registrar S. Malarselvi.
Based on the statement of claim, Luncai Emas and M. Nasir, the first and second plaintiffs respectively, said that MyTeksi had used the name and brand "M. Nasir" in the sale and promotion of a coffee beverage marketed as "kegemaran M. Nasir" (M. Nasir's favourite) on the defendant's Instagram without their consent.
According to the plaintiffs, on April 23 last year, the defendant posted the advertisement on Instagram through its official account, @grabmy and @grabfoodmy, featuring a cup and a can of coffee with each product labelled with the words "GrabFood" and "GrabMart" for promotional purposes on the platform.
The plaintiffs claimed that the caption accompanying the advertisement was "Kopi-kopi kegemaran M. Nasir" (M. Nasir's favourite coffees) followed by "Dua-dua pun Grab ada" (Grab has both), whereby the advertisement and statement clearly and directly referenced the singer-songwriter by using his name and giving the picture that the product or service was produced by him.
"The defendant's action of using the name and brand 'M. Nasir' in their advertisement without permission has caused misunderstanding and confusion that leads to a bad image on the plaintiff's good name," the statement read.
The plaintiffs also contended that there was no disclaimer, explanation or note to state that the "M. Nasir" used referred to another individual or that the singer had no ties or involvement with the defendant, its product or service featured in the advertisement.
The use of M. Nasir's name, the plaintiffs claimed, was clearly intended to promote the service and sale of the product by the defendant by taking advantage of his reputation and good name without consent.
The plaintiffs are seeking general damages, RM3mil in exemplary damages, RM2mil in aggravated damages, interest and costs as well as an injunction to prohibit the defendant, its agent and its workers from selling the product and service by using the name and brand "M. Nasir" for commercial interest.
They are also seeking a court order for the defendant to submit its account of profits relating to the sale of the beverage promoted with the tagline "Kegemaran M. Nasir".
