Judge Datuk Azahar Mohamed said, Yassa as plaintiffs in this case does not show evidence of damage suffered results using detailed information on the license used by Jimmy Yassa World for the production of mineral water brand “Mawi World”. “The reasons that I have no other choice but to reject the plaintiff’s claims costs,” he said. On October 31, 2006, World Jimmy Yassa sued claiming that it violates property rights Yassa market with mineral water branded “Mawi World”, using information owned by companies such details as the license production of drinking mineral water factory and address on the bottle to drink beverages without permission acquire the company .
It also claimed that drinking a bottle of mineral water using a photo or real name singer Jimmy Asmawi Ani, 29, contains information about the source and content of the same mineral water brand “Streamline” Yassa product. Mawi World as defendants, the defense said in a statement the company did not violate any property rights as alleged company Yassa. In his decision, Judge Azhar said the court received evidence the defendant’s second witness, Ahmad Mohd Mohyodin Rathi, former manager of the company Johtaw Corporation appointed the company to produce and Jimmy World supply mineral water brand “Mawi World” that the company Johtaw authorization information using the details of the license Yassa held in bottles of mineral water “Mawi World” is. Judge Azhar Ahmad said, according to evidence Rathi who was then dealing with the manager Yassa, late Bahari Othman that he (Ahmad Rathi) get permission to use details of the information by late Bahari behalf Yassa. “Based on the evidence of witnesses both defendants, I do not see any reason to reject the explanation,” he said. Azahar said the judge in this day hujahan lawyer Adnan Seman representing Yassa based on “tort of conversion” or use the violated rights of others, but Adnan did not use the clear authority to support either the details of the license information is held Yassa property rights Yassa. He said, in a case law that the court decided in this country who are referred by a lawyer Adnan, confidential information is a property right but in this case information and the details of the license held Yassa not difficult because the license can be withdrawn at any time if conflict occurs.
Mineral water production license was issued by the Ministry of Health Malaysia. Azhar judge making the decision after hearing both parties hujahan.
Earlier, in hujahannya said Adnan, the effects of the use of detailed license information by third parties without permission will result in the licensee experiencing difficulties, including in case of poisoning the water, the license will be withdrawn. While Judge Azhar asked to submit evidence such as statements of account, the total amount of profits to support the claimed damages of RM1 million Yassa, Adnan said the losses suffered Yassa not directly but results using the details in the license information led to the World Jimmy profit by one. Judge Azhar Adnan ask whether Yassa know profit earned by Jimmy World revenue from the sale of mineral water brand “Mawi World” is, according to Adnan, said record companies Johtaw, Mawi World mineral water have made reservations a minimum of 300 boxes. “Take into account that the minimum number of reservations and the campaign that made Jimmy World, making losses on the plaintiff,” he said. Counsel Juliana Mohamed, who represents Sam World, argued that details of the license information is public information and it can not be owned. He said the breach of property rights does not exist because of the evidence to prove that Ahmad Rathi Yassa allow Johtaw using details on the information held Yassa license to produce mineral water “Mawi World”. Hearing of the case takes a day, on Wednesday, by calling three witnesses. Director Yassa, Muhammad Nizam Bahari, who took over the business after the death of his father Yassa Bahari, on Oct 22, 2006, is a single plantif witness and witnesses give evidence first. Then followed evidence from Azhar Mohd Arifin, the defendant’s first witness, a marketing officer in World Jimmy is responsible for developing business opportunities find Jimmy World. Ahmad Rathi is the second defendant witness. When found after the decision, Adnan said he will file an appeal against the decision today. -Bernama
