お知らせ • Jan 14
Zoinla (M) Sdn Bhd Files Writ of Summons and Statement of Claim Against JaGaSolution Berhad and Its Wholly-Owned Subsidiary, Red Ideas Sdn Bhd
JaGaSolution Berhad informed that the following entities: JaGaSolution Berhad, and Its wholly-owned subsidiary, Red Ideas Sdn Bhd (“RISB”) had on 13 January 2025, been served the was & SC, both dated 10 January 2025, at the High Court of Malaya in Kuala Lumpur filed by Zoinla (M) Sdn Bhd (previously known as Zoinla (Malaysia) Sdn Bhd). . The Plaintiff’s claim is that JSB and RISB operate and own JaGaApp which provides features and functions allegedly identical and/or similar to the Plaintiff’s Malaysian Utility Innovation (UI) No. MY-188397-A (“the ‘397 UI”), and that JaGaApp falls within the scope of protection of Claim 1 of the ‘397 UI, thus allegedly infringing the rights of the Plaintiff. IV. Pursuant to the was & SC filed by the Plaintiff, the Plaintiff seeks from the Court the following reliefs:- 1) A declaration that JSB and RISB have infringed the ‘397 UI. 2) A permanent injunction to restrain both JSB and RISB, whether acting by themselves or through their directors, officers, employees, servants and/or agents or any of them or otherwise howsoever, from (a) infringing the ‘397 UI including but not limited to creating, developing, using, offering for sale, advertising and/or promoting for sale, selling, licensing, making available to the public and/or howsoever dealing with, in any form whatsoever, any application or system which exploits the claimed features of the ‘397 UI (“Infringing Application”); and (b) authorising, permitting, assisting, causing and/or enabling others to commit any of the acts of infringements set out in prayer 2(a) above; 3) An order for full discovery against JSB and RISB (which JSB and RISB shall comply within fourteen (14) days of the order) of all relevant documents and information relating to the Infringing Application including but not limited to the number and details of projects, number of subscribers or users of the Infringing Application, correspondences, contracts, customer records, financial records, price quotes, receipts and other documents as may be requested by the Plaintiff that are in the possession, custody or control of JSB and RISB, their officers, employees, servants and/or agents; 4) An order for JSB and RISB to remove and/or destroy all articles, marketing materials, information leaflets, literature, brochures, advertisements, digital and/or printed materials and any other materials which were published and/or made available by JSB and RISB to the public in whatsoever form or manner relating to the Infringing Application, including but not limited to JSB’s and RISB’s website and social media platform and to affirm, file in court and serve on the Plaintiff's solicitors an affidavit stating compliance with the same within fourteen (14) days of the order; 5) An inquiry as to damages and/or alternatively, at the Plaintiff's option, an account of profits made by JSB and RISB in respect of the Infringing Application and for payment by JSB and RISB to the Plaintiff of all sums found due upon the making of such inquiry or taking of such account; and for the purpose of the Plaintiff’s election on an inquiry as to damages or for an account of profits, that the Plaintiff be given one (1) month from the last date of compliance by JSB and RISB of prayer (4) above to make such an election; 6) Interest; 7) Costs of the action; and 8) Such further or other reliefs or directions as the Court deems fit and just. The Board of Directors of JSB is of the view that there is no material operational impact arising from the was & SC to JSB and RISB arising from the litigations as mentioned above.