Through the Roof: Iron Sheet Firm Sues for Trade Mark, Industrial Design Infringement

Royal Mabati Factory Website Iron Sheet Box Profile 2018 Kenya Limited

 

In what could be a precedent-setting case for the roofing products market, a leading iron sheet manufacturer is claiming both trade mark and industrial design protection for two of its roofing brands against a smaller rival company. The recently reported ruling in Royal Mabati Factory Limited v Imarisha Mabati Limited [2018] eKLR was the courts’ first attempt to deal with industrial property protection for corrugated iron sheets widely used as roofing material known in Kiswahili as ‘mabati’. Although not clearly distinguishing between the aspects of industrial design and trade mark protection, the court was prepared to rule in favour of Royal and grant its application for a temporary injunction against Imarisha.

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Kenyan Company Seeks to Stop Barclays ABSA Bank Rebrand in Trade Mark Suit

Barclays Bank rebrand ABSA Group Africa Kenya Daily Nation March 2018

In the recent High Court case of ABSA Kenya Limited v Barclays Bank of Kenya [2018] eKLR, a Kenyan company has failed to temporarily halt the proposed name change of Barclays Bank to Absa. ABSA Kenya claimed that it had received cancellation of lucrative transactions due to confusion created by the planned rebranding by Barclays Bank. However the learned judge in this case dismissed the plaintiff’s application for interim injunction to ‘restrain Barclays from using, representing, infringing, advertising or in any manner whatever the trade mark and the name ABSA or its derivatives, deductives, corollaries devices and/or anxilliaries in Kenya or in any other place or at all.’

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For the Second Time, Sony Trade Marks Case Goes to the Court of Appeal

SONY CYPyJGaWEAIOGvM

Since 2014, we have chronicled on this blog here, here and here an interesting trade mark dispute in Kenya between local company Sony Holdings and Japanese electronics maker Sony Corporation. This blogger is reliably informed that an appeal has already been filed in the Court of Appeal against last month’s decision of the High Court in the reported case of Sony Corporation v Sony Holding Limited [2018] eKLR. In order to discern the likely grounds of appeal, it is important to consider this recent judgment made by the High Court.

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Kenya Copyright Board Bruised in IP Fight over ‘My Skool’ TV Show

MY SKOOL TV SHOW copyright registration KECOBO Kenya

Presently the Copyright Register (pictured above) shows that the same audiovisual work called “MY SKOOL TV SHOW” has two separate owners who registered it almost a year apart. In a recent High Court judgment in the case of Republic v Executive Director, Kenya Copyright Board & another Ex-Parte Sugarcane Communications Ltd [2018] eKLR, the court quashed a decision by Kenya Copyright Board (KECOBO) to cancel the copyright registration of “MY SKOOL TV SHOW” by the ex parte Applicant (Sugarcane Communications Limited). This judgment is perhaps a wake-up call for KECOBO which, unlike the Registrar of Trade Marks at Kenya Industrial Property Institute (KIPI), is not accustomed to having its decisions regarding registration of intellectual property (IP) rights challenged by courts of law.

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For Your Own Protection: Why Proposed Anti-Counterfeit Act Amendments Make Sense

Nairobi-Fashion-Hub-Disconnect-Movie_1

The word ‘Disconnect’ (see caption image above) may be the title of the latest Kenyan blockbuster film but it also embodies the current raging debate over proposed changes to The Anti-Counterfeit Act No. 13 of 2008. In our previous blogposts here and here, we have largely dwelt on the demerits of the proposals contained in the Statute Law (Miscellaneous Amendments) Bill 2018, which if enacted, would radically affect intellectual property (IP) enforcement in Kenya, principally undertaken by Anti-Counterfeit Agency (ACA).

Meanwhile, some readers of this blog, who happen to be IP practitioners specialising in brand enforcement and anti-counterfeiting matters, have rightly pointed out that it is equally important to consider the merits of and benefits expected from the proposed changes to the Act if and when the omnibus Bill is enacted. In particular, this blogpost will focus on the proposals relating to offences and the ‘recordation’ requirements.

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#ipkenya Weekly Dozen: 14/05

AfCFTA African Continental Free Trade Area Kenya Ghana Ratify may 2018 African Union

For more news stories and developments, please check out the #ipkenya hashtag on twitter and feel free to share any other intellectual property-related items that you may come across.

Have a great week!