IN THE HIGH COURT OF AIKOL

IN THE STATE GOMBAK, MALAYSIA

CIVIL SUIT NO.: GBK-22IP-39-07/2020

BETWEEN

DAKA MARKET SDN BHD …PLAINTIFF

(COMPANY NO.: 20110134538(937437-A)

AND

AIKOL SHUPI SERVICE … DEFENDANT

(COMPANY NO.: 07123927P)

WRIT OF SUMMONS

THE RIGHT HONORABLE CHIEF JUDGE OF MALAYA

IN THE NAME OF THE YANG DI PERTUAN AGONG

To: AIKOL SHUPI SERVICE

No.3 Jalan LP 5/3,
Lestari Perdana 5,
43300 Seri Kembangan,
Selangor Darul Ehsan.

WE COMMAND YOU that within fourteen (14) days after the service of this Writ on you,
inclusive of the day of such service, you do cause an appearance to be entered for you
in a cause of the suit of DAKA MARKET SDN BHD (COMPANY NO.:
20110134538(937437-A)) and take notice, that in default of your doing so, the Plaintiff
may proceed therein to judgment and execution.
WITNESS , Registrar of the Court in the High Court at Kuala
Lumpur the day of 2022.

..................................................... ………………………………………
Solicitors for the Plaintiff Registrar
High Court of AIKOL
Gombak

Memorandum to be Subscribed on the Writ

This writ may not be served more than six calendar months after the above date unless
renewed by order of court.

The defendant (or defendants) may appear hereto by entering an appearance (or
appearances) either personally or by a solicitor at the Registry of the Court.

A defendant appearing personally may, if he desires, enter his appearance by post, and
the appropriate forms may be obtained by sending a Postal Order for RM 20.00 with an
addressed envelope to the Registrar, Court at AIKOL.

Endorsements to be made on writ before issue

​Endorsement of claim

The plaintiff's claim is for:-

1. Declaration of infringement of trademark by the defendant;
2. Monetary compensation of the sum of RM 2,000,000.00 from the illegal profit the
defendant gained from the infringement.
 3. Injunction to prohibit defendant from continuing to allow products bearing the
DAKA trademark to be sold without consent from the plaintiff on their online
platform;
4. General damages;
5. Costs; and
6. Any other reliefs deemed fit by this Honourable Court.

And RM .......................... (or such sum as may be allowed on taxation for costs, and
also, if the plaintiff obtains an order for substituted service, the further sum of
RM........................(or such sum as may be allowed on taxation). If the amount claimed
and costs be paid to the plaintiff or his solicitor within 8 days after service hereof
(inclusive of the day of service), further proceedings will be stayed, but if it appears from
the endorsement on the writ that the plaintiff is resident outside the scheduled
territories, as defined by the Exchange Control Act 1953, or is acting by order or on
behalf of a person so resident, proceedings will only be stayed if the amount claimed
and costs is paid into court within the said time and notice of such payment in is given to
the plaintiff or his solicitor.

Endorsement as to solicitor and address

This writ is issued by Messrs Muqri & Partners address at No 26, Jalan Camar 4/3,
Section 4 Kota Damansara 47810 Petaling Jaya, Selangor solicitors for the said Plaintiff
whose address is at Lot 312, Zon 2 Damai Budi, 56000, Alam Damai, Cheras, KL. (Ref:
MP/L/001/AS/22) (Tel No.: 0124910980).

Endorsement as to service

This Writ was served by ............................. by way of personal service (or as may)
(state manner of service or in accordance with the terms of an order for substituted
service) on the defendant (who is known to me) (or who was pointed out to me by
..........................................) (or who admitted to me that he was .............................) at
(place) on....................the ................ day of ............., 20........

Endorsed the.................day of .......................,20............

......................................

Process Server

This WRIT OF SUMMON is filed by Messrs Muqri & Partners, the solicitors for the
Plaintiff and having address of service at No 26, Jalan Camar 4/3, Section 4 Kota
Damansara 47810 Petaling Jaya, Selangor. (Reference No.: MP/L/001/DMSB/22)
(Phone No: +60124910980) (email: messrsmuqri@gmail.com).
 IN THE HIGH COURT OF AIKOL
IN THE STATE GOMBAK, MALAYSIA
CIVIL SUIT NO.: GBK-22IP-39-07/2020

BETWEEN

DAKA MARKET SDN BHD …PLAINTIFF

(COMPANY NO.: 20110134538(937437-A)

AND

AIKOL SHUPI SERVICE …DEFENDANT

(COMPANY NO.: 07123927P)

STATEMENT OF CLAIM

1. The Plaintiff is a licensed company incorporated in Malaysia with its registered

number of 20110134538(937437-A). The company’s registered address is at
Lot 312, Zon 2 Damai Budi, 56000, Alam Damai, Cheras, KL.

2. The main business of the plaintiff’s company since its establishment in 2009 is
the production of electrical and wiring systems which include the
manufacturing of ceiling, wall and table fans and water heater bearing the
plaintiff’s ‘DAKA’ trade mark. That ‘DAKA’ trademark registration no 09016273
has been in effect since 17 September 2009, and has since been renewed
until 17 September 2029.

3. The Defendant is a licensed company incorporated in Malaysia with its

registered number of 07123927P. The company’s registered address is at
No.3 Jalan LP 5/3, Lestari Perdana 5, 43300 Seri Kembangan, Selangor
Darul Ehsan.

4. The plaintiff’s pleads that to protect its business and trade interests, only
exclusive distributors and authorised dealers appointed by the plaintiff are
allowed to sell its products. The plaintiff thus regards any form of sale or
advertising to the public, any of the products bearing the DAKA trademark
 without its permission, would tantamount to misuse and infringement of the
plaintiff’s exclusive rights over its trademark.

5. The plaintiff further pleads that only exclusive distributors and customers may
purchase the plaintiff's goods from authorised dealers the plaintiff has
designated. Thus, the plaintiff pleads that any type of public sale or
advertisement, any kind of products without its consent, products using the
DAKA trademark would be equivalent to misusing and violating the plaintiff's
sole ownership rights over its trademark.

6. The plaintiff also pleads that payments made by consumers of the plaintiff's
infringing products were made directly to the defendant, and that the
defendant's AIKOL Shupi platform and website both offered the plaintiff's
products for sale at a price much lower than that set by the plaintiff for its
authorised dealers and exclusive distributors.

7. The plaintiff further pleads that because its products are home electrical
appliances, extensive and demanding quality control is required to guarantee
the safety of those products when used by end users.

8. According to the plaintiff's interpretation of the defendant's terms of service,

the defendant directly supervises and exercises ultimate control over the
sellers, participates actively in the business dealings between the sellers and
the buyers using the defendant's AIKOL Shupi platform and/or website. It is
solely the defendant's responsibility to make sure that any goods offered for
sale on its platform adhere to the defendant's own terms and conditions
regarding intellectual property rights. The defendant had not met that
requirement.

9. The defendant continues to infringe on the plaintiff's trademark in spite of the

plaintiff's many notices and complaints.
 10. The plaintiff pleads that it not only has the legal right to file a trademark
infringement lawsuit against counterfeit goods because it is the registered
trademark owner of the in question products carrying the DAKA trademark. It
is legally permitted to take legal action against those who have used its
registered brand without its authorization, permission, or licence. In addition, it
has the right to defend the exclusivity of its ownership of the trademark in
order to preserve and safeguard the fundamental qualities and distinctiveness
of the DAKA brand.

11.Wherefore the plaintiff claims the following relief against the defendant:
a. Monetary compensation of the sum of RM 2,000,000.00 from the illegal
profit the defendant had gained from the infringement marketing and
advertising the defendant conducted.

b. Prohibitory order to the defendant stopping and prohibiting them to

proceed with the mentioned activities relating to any of our plaintiff’s
registered trademark products in two (2) weeks.

c. Injunction against the defendant to prohibit the resellers in the

defendant’s platform from doing any transaction relating to plaintiff’s
registered trademark products in two (2) weeks.

Dated this 1st day of March 2020.

……………………….
Solicitors for the Plaintiff

This STATEMENT OF CLAIM is filed by Messrs Muqri & Partners of No 26, Jalan
Camar 4/3, Section 4 Kota Damansara 47810 Petaling Jaya, Selangor, solicitors for
the Plaintiff abovenamed. (Ref No.MP/L/001/DMSB/22)