Recording superstar Makhadzi and his label Open Mic are demanding the withdrawal of allegations made by Kicks Sportswear of the theft of the footwear company’s intellectual property.
Makhadzi and Open Mic have threatened to take legal action against the company if it does not comply with their request to withdraw allegations that it stole the company’s idea to launch its shoe brand.
Kicks Sportswear’s claims are contained in court documents filed in the High Court in Pretoria in response to the sneaker brand company’s R8 million lawsuit against the two for breach of contract.
The company, which produces the sneakers, called Kicks Kokovha, is suing the singer after she failed to wear the sneakers to concerts and shot videos promoting the brand.
In the combined subpoena, which the company obtained against the songbird and his stable in the same court in June this year, Kicks Sports Wear said it received information about the artist’s lack of interest in promoting the brand because his team was stealing his intellectual property to use to “produce his own line of shoes”.
“The plaintiff received confidential information that the second defendant’s disinterest in the deal and the campaign stems from his team stealing the intellectual property of the plaintiff’s idea and using it to produce its own range shoes,” reads the Kicks Sports Wear subpoena.
Makhadzi and Open Mic who are now calling for the paragraph to be removed from the combined summons, saying it was “scandalous and damaging” to their reputation.
Makhadzi and Open Mic Production also stated that they intended to file for cancellation of Kicks Sportswear’s action as an irregular step, but before taking that step they wanted Kicks Sportswear to remove the cause of the complaint within 10 days from the day of this notice.
Both sides threatened to file for a quashing of their action if they failed to do so, claiming that Kicks Sportswear failed to follow court rules as it issued and served the combined subpoena, which did not state not that it had been signed by a lawyer or an attorney. with a right of
appearance in court.
They also said court rules state that a combined subpoena and any other pleadings except a subpoena must be signed by both an attorney and an attorney.
They also stated that Kicks Sportswear was deemed to have, prior to issuing combined or joint summonses, served Open Mic and Makhadzi with notice indicating whether they agreed or objected to the referral of the dispute to mediation as dictated by the court rules.
Kicks Sportswear, they added, did not disclose, as court rules dictated, whether the agreement they signed with Makhadzi and Open Mic was executed in writing or verbally. The company, the duo said, also did not provide a date when the deal was made.
Open Mic MD Nkateko Maluleke has confirmed that they are back fighting in the company.
“The court must decide because we have not been able to find an amicable solution”.
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