KUALA LUMPUR – Frivolous, unsubstantiated and wholly baseless. This is the conclusion The Vibes has come to following a cease and desist letter from Meat Cartel Holding Sdn Bhd, which is demanding that we stop using the term “meat cartel” in reference to the halal meat scandal involving corruption and abuse of power by several meat importers and government officers.
Meat Cartel Holding last month put The Vibes and several other media outlets on notice for the use of the term “meat cartel”, claiming proprietary rights to the name, as well as damages of RM1 million from each organisation due to being “defamed” by reports on the ongoing scandal.
In the letter to The Vibes dated December 30, 2020 from legal firm Messrs Zarkasya & Co, Meat Cartel Holding took offence at the following articles:
– No reports linking Jakim officers to ‘meat cartel’: Zulkifli (December 4, 2020)
– Johor to discuss action against ‘meat cartel’ (December 4, 2020)
– ‘Meat cartel’ shows urgent need to up inspection manpower: deputy DG (December 13, 2020)
– Domestic Trade Ministry officers not involved in ‘meat cartel’, says enforcement chief (December 17, 2020)
– Jakim to tighten SOP following ‘meat cartel’ exposé (December 26, 2020)
– Anwar calls for transparent probe into ‘meat cartel’ (December 26, 2020)
– Name companies involved in ‘meat cartel’, govt told (December 27, 2020)
– Complex ‘meat cartel’ probe to involve multiple agencies (December 28, 2020)
– ‘Meat cartel’: Putrajaya mulls setting up RCI (December 28, 2020)
– NGOs lodge police reports over ‘meat cartel’ scandal (December 29, 2020)
– Govt to meet industry players over ‘meat cartel’ issue (December 29, 2020)
– Dewan Negara to debate motion on meat cartel (December 29, 2020)
The claim is that the use of the term “meat cartel” to describe the issue of the repackaging of non-halal meat as halal refers closely to its corporate name and business.
Meat Cartel Holding asserts that using the term “meat cartel” in our reports is likely to “deceive” or “create confusion” in the course of carrying out its business of operating restaurants.
Claiming trademark to the name “Meat Cartel”, the company is seeking RM1 million in damages and a public apology, as it claims that the articles published by The Vibes have cast aspersions on its integrity and reputation, and hence, it suffered damages.
The Vibes was given seven days to adhere to the demand, failing which, Meat Cartel Holding threatened to pursue legal action in the courts.
Seven days have lapsed. And, we are awaiting action following our response to the claimant.
The Vibes responded to the letter of demand on January 4 via Petra Group’s counsel, Datuk Seri Rajan Navaratnam.
In our response, we denied each and every allegation, including those accusing us of defamation.
And we demanded that Meat Cartel Holding provide proof that it is the registered proprietor of the trademark “Meat Cartel” within three days.
We also asserted that:
“It is also axiomatic to note that the words ‘Meat’ and/or ‘Cartel’ and/or ‘Meat Cartel’ are ordinary English words of description, and that they are not regarded as distinctive and may be used legitimately by any person and/or entity, as the said word and/or words, being part of the ordinary English vocabulary, are by law common property and belong to all.”
In essence, The Vibes holds that Meat Cartel Holding’s assertion is without basis and misconceived, as “meat cartel” are not invented words, but generic and common ones. Moreover, a simple and literal reading of the articles in contention would clearly reveal that the term and the context in which it is used will not cause any deception or confusion to the reasonable person.
The Vibes also responded by stating that Meat Cartel Holding’s demand is “frivolous, unsubstantiated and wholly baseless”.
We are ready to go to court, where we are demanding all costs and expenses for this action initiated by Meat Cartel Holding.
We are also putting Meat Cartel Holding on notice that The Vibes, too, reserves its right to commence any legal proceeding, including a claim for malicious prosecution.
As there is still no response from Meat Cartel Holding to date, The Vibes is now preparing a counter-suit.
Meanwhile, we will freely use the term “meat cartel” in any way we deem fit and necessary. – The Vibes, January 22, 2021
