Establishing Copyright Infringement: High Court Ruling in Nonny Gathoni v. Samantha’s Bridal Wedding Show Case

This blogger has come across a recent ruling by the High Court in Nonny Gathoni Njenga & anor v. Catherine Masitsa & 2 ors Civil Case No. 490 of 2013. In this case, the plaintiffs (Nonny Gathoni and Jane Odewale) applied to the High Court for orders of temporary injunction restraining the Defendants (Catherine Masitsa, Standard Group Ltd and Bauhaus Ltd) from infringing in any way on the plaintiff’s rights under copyright in the literary work registered as “Weddings with Nonny Gathoni” and later televised as “The Baileys Wedding Show with Noni Gathoni”. In particular, the plaintiff sought to have the court restrain the defendants from reproducing, adapting, communicating to the public or broadcasting the whole work or a substantial part thereof either in its original form or in any form recognisably derived from the original literary work.

A copy of the ruling is available here.

According to the learned High Court Judge Ogolla J the main issue for determination is whether the Defendants have infringed on the Plaintiffs’ literary work (as registered at KECOBO and evidenced by a Certificate of Registration issued by KECOBO and presented in court). The learned judge rightly singles out the core contention of the plaintiffs which is that although both parties had their own wedding show, the defendants changed the previous running order of their show by allegedly copying the running order expressed by the plaintiffs in the literary work “Weddings with Noni Gathoni”. The court ultimately finds in favour of the plaintiffs and allowed the orders sought for temporary injunction.

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