KUALA LUMPUR – Social media sweetheart Khairul Amin Kamarulzaman, popularly known as Khairul Aming, has taken the first legal step against the owner of the recently viralled Sambal Nyet Khairi, citing infringement.
Yesterday, various social media platforms, notably X (formerly Twitter), were ablaze with discontented users expressing their outrage over the striking resemblance between Sambal Nyet Khairi and Khairul Aming’s original creation, Sambal Nyet.
The latter, crafted with his unique recipe, had gained widespread acclaim as a culinary phenomenon.
In a video post today, Khairul Aming shared images of the Sambal Nyet Khairi packaging that bears an unmistakable resemblance, right down to the smallest details, to his own product.
“We have purchased the Sambal Nyet Khairi to identify the seller and subsequently the owner, and from the packaging, ingredients, product description, even customer service information, and postcards are similar.
“Actually, we have been aware of this issue since a few days ago and we were collecting evidence, in preparation to take legal action.
“Customers were swayed and deceived by their purchase, when they bought this thinking it’s the original Sambal Nyet, only to find out it is not.
“So we have identified the seller and today our lawyer has sent a letter of demand for infringement of intellectual property rights and passing off (for selling products that have been trademarked without owner’s permission),” he said in the video.
We have identified the seller and our lawyer has submitted a letter of demand for Infringement of Intellectual Property Rights and Passing Off. Ada lapan tuntutan yang kita telah senaraikan dan jika mereka gagal penuhi kesemua tuntutan tersebut kita akan bawa kes ini ke peringkat… pic.twitter.com/yNyONxBog0
— Khairulaming (@khairulaming) December 28, 2023
A letter of demand is a letter in which a claimant explains its legal position in a dispute, and requests that the recipient take some form of action to address before the claimant proceeds with suing the latter.
The entrepreneur said that his product, Sambal Nyet, which has been in the local food industry for three years now, was trademarked on November 2, 2021.
In the letter, Khairul Aming said he has listed down eight demands for the recipient, whose name was not disclosed.
“If the recipient fails to fulfil the demands then we will escalate the matter to the next legal proceedings.
“We have to remember (at all times) that each of our actions has its own legal consequences.
“I am all for local products, especially the small businesses. But this is not the way to do it. If you have a product, let it be food or any kind of product, you have to sell it with your own identity in building up your brand.
“So, I wanted to advise all business owners out there, especially small businesses, to trademark your businesses, if you have the means. Please register your business for a trademark and protect your businesses to prevent somebody from misusing it in the future,” he said. – December 28, 2023
