Copyright Dispute over Safaricom’s “BLAZE” Campaign: Transcend Media Granted Anton Pillers Against Saracen Media

“We wish to underscore the importance of fostering creativity through respect and protection of intellectual property rights of others. A nation cannot be built on disregard for originality and promotion of copy cats.” – Excerpt from a press statement by Transcend Media Group. This blogger has come across the recent case of Transcend Media Group Limited v. … Continue reading Copyright Dispute over Safaricom’s “BLAZE” Campaign: Transcend Media Granted Anton Pillers Against Saracen Media

How A Typo Cost Safaricom the “OKOA STIMA” Trade Mark in Favour of Colour Planet

Recently, a leading newspaper published a story here stating that Safaricom Limited had obtained interlocutory orders against Colour Planet Limited stating that the latter was “forbidden from interfering with any contracts Safaricom has under the banner Okoa Stima, suggesting to any third party that Safaricom does not have the right to use the name Okoa Stima.” The rest … Continue reading How A Typo Cost Safaricom the “OKOA STIMA” Trade Mark in Favour of Colour Planet

Blind Opposition to Caller Ringtone Deal between Safaricom and Collecting Societies: High Court Case of Irene Mutisya & Anor v. MCSK & Anor

This blogger has recently come across Nairobi High Court Civil Case No. 262 of 2015 Irene Mutisya & Anor v. Music Copyright Society of Kenya & Anor. In this case Mutisya and another copyright owner Masivo have filed suit against Music Copyright Society of Kenya (MCSK) and mobile network operator Safaricom Limited for copyright infringement. … Continue reading Blind Opposition to Caller Ringtone Deal between Safaricom and Collecting Societies: High Court Case of Irene Mutisya & Anor v. MCSK & Anor

Quick Thoughts on “Zindua Cafe”: Safaricom’s New Idea Submission Portal

This week, Safaricom launched “Zindua Cafe”, an idea submission web portal which allows registered users to submit ideas, applications or prototypes to Safaricom Limited, Kenya’s leading mobile network operator. Once these submissions are made to Safaricom, the telecommunication giant will review them internally and send either a ‘interested’ or a ‘regret’ response to the user. … Continue reading Quick Thoughts on “Zindua Cafe”: Safaricom’s New Idea Submission Portal

Protection of Image Rights in Kenya: New Court Cases Against Microsoft, Safaricom and German Embassy

‘Image rights’ generally refer to an individual’s proprietary right in their personality and the right to prevent unauthorised use of their name or image or a style associated with them. In a previous blogpost here, we have discussed the commercial appropriation or exploitation of a person’s identity and associated images as a commercially valuable asset, … Continue reading Protection of Image Rights in Kenya: New Court Cases Against Microsoft, Safaricom and German Embassy

Med Dispenser Loses First Round Against Health Presence: Copyright Ruling in Dedan Maina Warui & another v. Safaricom case

“It could be said that Copyright seeks to protect the author’s actual expression and not the ideas, and it does not therefore forbid independent creation. As such, the claim that the two parties in this suit had an idea on tele-healthcare, but which they expressed differently is not untenable in law.” – Gikonyo J. at … Continue reading Med Dispenser Loses First Round Against Health Presence: Copyright Ruling in Dedan Maina Warui & another v. Safaricom case

Unanswered Copyright Issues as Musician JB Maina Agrees to Sh15.5m Settlement with Safaricom

Media reports here and here indicate that musician JB Maina has accepted Safaricom’s out-of-court settlement offer of KES 15.5 Million in the case of John Boniface Maina v Safaricom Limited [2013] eKLR. To recap briefly, the JB Maina case has been in court since 2010 when Safaricom was accused of copyright infringement in respect of … Continue reading Unanswered Copyright Issues as Musician JB Maina Agrees to Sh15.5m Settlement with Safaricom

Comparing Apples and Oranges: Faulu Kenya on Shaky Ground in Intellectual Property Suit Against Safaricom

It was naive of the Plaintiff [Faulu Kenya] to suggest that it was the only entity to recognise the potential of the mobile phone platform to reach potential customers with banking products. – Faulu Kenya Deposit Taking Micro-Finance Limited vs Safaricom Limited HCCC No. 756 of 2012 at page 13. This blogger has come across … Continue reading Comparing Apples and Oranges: Faulu Kenya on Shaky Ground in Intellectual Property Suit Against Safaricom

JB Maina, M-Shwari Updates: Safaricom’s Copyright Battles Continue

As many may already know, Safaricom, the largest mobile telecommunications company in Kenya is currently embroiled in a handful of intellectual property (read: copyright) law suits, with creators and innovators alike. See full list here. Recently, there have been some new developments in two of these cases, namely the M-Shwari and JB Maina cases. To … Continue reading JB Maina, M-Shwari Updates: Safaricom’s Copyright Battles Continue

Judge Erred on Intellectual Property in Faulu Kenya vs Safaricom M-Shwari Case

This blogger, in an earlier post, had expressed optimism and hope in Mr. Justice JB Havelock’s ability to preside over this high-stakes intellectual property (IP) case with clarity and wisdom. Recently this hope has been somewhat dashed by what can only be termed as a gross and unfortunate oversight by Judge JB Havelock in a … Continue reading Judge Erred on Intellectual Property in Faulu Kenya vs Safaricom M-Shwari Case