Temporary Injunction - High Court in Kuala Lumpur Has Stopped AirAsia app From Selling Malaysia Airlines' Tickets.

• The injunction application was sought by Malaysian Airlines Bhd (MAB) and its subsidiary, Firefly.
• The injunction order will be in force until the disposal of the lawsuit.
• The court also ordered AirAsia to pay MAB costs of RM20,000.

The High Court in Kuala Lumpur has issued a temporary injunction against AirAsia to stop them from selling tickets for Malaysia Airlines flights on their SuperApp platform.

Earlier , On April 17, The Malaysian Transport Minister Anthony Loke said the national carrier was seeking an injunction to stop the low-cost carrier from selling their flight tickets.

The Malaysian national airline and Firefly had filed a lawsuit against AirAsia last year, accusing it of committing trademark infringement, passing off, trade misrepresentation and unlawful interference with trade.

In his ruling, judicial commissioner Azlan Sulaiman agreed that MAB had good grounds to justify the grant of the injunction.

He said AirAsia’s business of selling tickets on the SuperApp would not be adversely affected as the low-cost carrier would still be able to sell seats on other airlines.

"The plaintiffs (Malaysia Airlines) allege that the act of the defendant (AirAsia) constituted trademark infringement, trade misrepresentation, and unlawful interference in trade which the defendant denied entirely.

"In these times of high competition amongst airlines, discerning travellers readily switch allegiance to other airlines.

"The likelihood of damage to the plaintiff's business and reputation is real, not imagined. Loyalty and trust of customers, once lost, is probably difficult to regain," "Those conflicting stands surely mean that there are serious issues to be tried.

"The plaintiff alleges that the use of the plaintiff's marks and the sale of the plaintiff's ticket on the Superapp infringe the plaintiff's right.

"The defendant's commercial or reputation concerns are also not a matter that the court needs to consider." 

AirAsia had objected to MAB’s application, saying that several other websites, including Expedia, Agoda, Skyscanner and Traveloka, also sell Malaysia Airlines’ flight tickets.

In April, Malaysian Aviation Group managing director Izham Ismail said they had sought the injunction after failing to reach a commercial agreement with AirAsia for the sale of inventory.

Worth mentioning , the whole issue of Malaysia Airlines tickets being sold on Air Asia’s SuperApp was first highlighted by the former Malasian transport minister Wee Ka Siong.