In this matter[1] Rafiki Microfinance Bank Limited, the Respondent, used an image of Mutuku Matingi, the petitioner, on its pamphlets in the promotion of its credit or financing facility, “Get a boda”, for the purchase of motorcycles, also known as a “boda boda” in...
Kim Rampersadh
A Long Road, Less Travelled, to Protect the SEVEN SEAS Label Trade Mark
In what is believed to be the first case of its kind, the Ethiopian Supreme Court has issued a decision recognizing rights in an unregistered label trade mark in the context of opposition proceedings which culminated in an appeal to that court The Appellant in this...
Making a song and dance about Copyright in Choreography
Dance as a copyright-protected work came under the international spotlight over the last year in the USA.
Cross-examination is possible in cancellation proceedings in Kenya
While cross-examination or oral testimony is unlikely to be the norm in proceedings before the Registrar in Kenya, it is worth bearing in mind that, in certain circumstances, it is justifiable and within the discretion of the Registrar to direct that a deponent travel to Kenya to provide oral evidence.
SINGING HIS LAST SONGA | KENYA COPYRIGHT DISPUTE
In an ongoing copyright dispute over a music application in Kenya - Evans Gikunda vs Patrick Quarcoo & Two Others - the Plaintiff is seeking an interdict for infringement of his intellectual property, damages and an order directing the Defendants to disclose their...
TRADE MARKS IN ETHIOPIA | WHAT YOU NEED TO KNOW
Ethiopia is a landlocked country situated in the Horn of Africa. It has in recent years become Africa’s fastest growing economy, owing its rise to an increase in industrial activity, including investments in infrastructure and manufacturing. China is not only its...
WHOIS | WHERE ARE YOU?
In April 2016, the European Union (EU) Parliament approved the General Data Protection Regulation (GDPR). The GDPR will repeal the existing Data Protection Directive in the EU when it comes into force on 25 May 2018. The GDPR is intended to give back control to EU...
PLAIN PACKAGING – THE SILENT (TRADE MARK) KILLER?
A topic which has been much debated and legally contested the world over is the call for the use of plain packaging in respect of tobacco products. Legislation demanding this change stems from the obligation of contracting parties to the World Health Organisation’s...
KENYA RULING GIVES PARTIES TO TRADE MARK OPPOSITIONS A SECOND BITE AT THE CHERRY
A recent decision in Kenya means that parties in opposition proceedings can file evidence at any time before a ruling is made, even after all of their submissions have been made, effectively affording parties multiple chances to file evidence. In Republic v Assistant...
KENYA | PARALLEL IMPORTATION & TRADE MARKS
In the recent case of LRC Products Limited v Metro Pharmaceuticals Limited 2016 eKLR, the Kenyan High Court dismissed an application by the Plaintiff for an interim interdict restraining the Defendant from, inter alia, importing DUREX products. The Plaintiff is the...
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