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2026 MarsdenLR 265079

HIGH COURT (JOHOR BAHRU)
AHMAD KAMAL, JC
Box 55 Sociedad Limitada & Ors – Appellant
Versus
Drive M7 Sdn Bhd – Respondent


Advocates:
Dhinesh Bhaskaran (Serena Azizuddin with him) (Shearn Delamore & Co) for the plaintiffs.
Meyappan Pillai (Alvin Teo Sze Pin with him) (Mak, Ng, Shao & Kee) for the defendant.

Ahmad Kamal JC:

JUDGMENT

Introduction

[1]The First Plaintiff is a company incorporated in Spain with its registered office at Poligono Industrial de Picassent, Calle 6, parcela 49, 46220 Picassent (Valencia) Spain.

[2]The First Plaintiff owns a professional motorcycle race team under the trade name of “Aspar Team” consisting of professional motorcycle race athletes competing in the MotoGP World Championship under the MotoGP series open class (Race) Moto 2 and Moto 3.

[3]The Second and Third Plaintiff are individual with an address at Poligono Industrial de Picassent, Calle 6, parcela 49, 46220 Picassent (Valencia) Spain.

[4]The Second Plaintiff was the founder and is the owner of Aspar Team. The Third Plaintiff joined Aspar Team in 2001 as Managing Director.

[5]The Defendant is a company incorporated in Malaysia under the Companies Act 1965 with a registered address at 23A, Jalan Pembangunan, Off Jalan Tampoi, Taman Desa Rahmat, 81200 Johor Bahru and a business address at Bangunan Mutiara Motors, No 111, Bt. 4 1/2 , Jalan Tebrau 80250 Johor Bahru.

[6]The Defendant manufactures and sells energy drink products (products) and is part of the Mutiara Motors Group of Companies (Mutiara Group) wh

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