Packets of sugar in a supermarket. A court has stopped a firm from using
packaging materials similar to those of Mumias Sugar Company.
PHOTO/FILE
A court has stopped a firm from using packaging materials similar to those of Mumias Sugar Company.
Justice
Eric Ogola issued the temporary injunction stopping Option Two Ltd from
packaging, supplying, distributing, selling or offering for sale, sugar
under the packets similar to those of Mumias Sugar until the dispute
is determined.
The judge also allowed Mumias Sugar to
search Option Two Ltd premises in Nairobi, Naivasha, Nakuru, Thika,
Nyeri and Meru to seize packaging materials for use as exhibits in the
case.
“The applicants are granted permission to enter
and seize all the packed sugar or packaging paper bearing the marks
similar to theirs, all purchases and sales record invoices for the past
six months and copies of any items which could constitute evidence
necessary to substantiate its cause,” ruled the judge.
He directed the company to file an affidavit of all the items they will seize within 14 days.
He also directed the Inspector General of Police to oversee the enforcement of the orders.
Mumias
Sugar Company claimed Option Two has been duping the public by
distributing imported sugar with similar labels as Mumias Sugar and in
the process making them lose millions of shillings.
According
to the company, the syndicate is so concealed and detailed that
consumers cannot differentiate between the genuine Mumias Sugar and the
fake one.
BLATANT INFRINGEMENT
“The
Defendants have in blatant and outright infringement of our registered
trademarks engaged in the importation, packaging, supply, distribution
and sale of sugar in packs so similar to our trademarks as to cause
confusion and deceive the public into thinking that their sugar is that
of Mumias,” said Prof Tom Ojienda representing the company.
Prof
Ojienda said that Option Two has been using Kanini Haraka Enterprises
to distribute the “fake sugar” in Nairobi, Naivasha, Thika, Nyeri,
Nakuru and Meru at the expense of their goodwill which has caused a
decline in their profits.
He said that a comparison of
the two packs revealed that both packs of white sugar have green and
white as well as the blue and white alternating stripes while both packs
of brown sugar have green and white as well as brown and white
alternating stripes.
He added that both packs have
drawings of the sugarcane plant on the front right and left of the packs
and that Option Two Ltd’s “Jem Sugar” logo is placed at the same place
as Mumias Sugar Ltd’s “Mumias Sugar” logo; and is placed at the centre
of the pack in a manner similar to Mumias Sugar.
“Option
Two’s pack bears the words “Pure Natural Sweetness” which is similar to
Mumias Sugar’s “Natural Kenyan Sweetness” and both are in the same
position, colour and font.
SIMILAR PLACEMENT
In
both packs, the weight indication and the words are placed at the same
place and in the same colour and font,” said Prof Ojienda.
He
further claimed that a simple handling of the two packs will lead to
the conclusion that the quality of packaging paper is the same because
at the back of both packs; the logo, address, nutritional information,
barcode and Kenya Bureau of Standards standardization mark are all
placed in the same manner and design.
Justice Ogola scheduled the hearing on December 3.
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