Tealive vs Chatime scheduled for hearing in Feb 2019
The High Court will hear the case for the Tealive brand in a two day hearing fixed for Feb 28 next year.
The defamation suit was filed by Loob Holding Sdn Bhd, the company which owns the Teaalive brand which is suing another popular beverage group, Chatime and two individuals.
A motion to strike out the suit was dismissed by Judicial Commissioner Darryl Goon Siew Chye and costs were awarded to Loob Holding.
The court also set Oct 12 for case management.
On April 16, Loob Holding filed the suit against Chatime Malaysia Sdn Bhd, its executive director Widayu Abdul Latiff and group managing director Nor Aliza Ali as the first, second and third defendants.
In its statement of claim, Loob Holding said Chatime made a statement in a press conference on March 16.
The statement was later reproduced in news reports online and print with headlines such as “Chatime to Sue Loob Holding Over Alleged Brand Misrepresentation”, “Chatime Issues Legal Letter to Tealive for Defamation” and “Chatime Sues Tealive”.
The news reports quoted Widayu and Nor Aliza.
The plaintiff said the statements made by the first defendant was defamatory and meant to cause hurt.
Loob Holding also claimed the first defendant alluded in the press conference that the plaintiff had rebranded Chatime into Tealive with the intention to confuse the public and besmirch the first defendant’s good name.
It further claimed the first defendant alluded that the plaintiff’s Tealive brand was not a different brand from Chatime and without a unique identity.
The plaintiff also claimed that Nor Aliza posted several screenshots of a news article on her Instagram account, thanking the media for their coverage.
It is seeking an unconditional written apology from the defendants, an injunction to stop the defendants from repeating the defamatory statements, damages, costs and other reliefs deemed fit by the court.
In its statement of defence, the defendants said the plaintiff rebranded its tea shops under the name and style of Tealive.
It said the wordings “Chatime renamed as Tealive” was published as a main heading on the plaintiff’s official website www.loob.com.my.
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