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BAZU Trademark Infringement: A Legal Battle with Airtel Kenya
Media personality Willis Raburu has emerged victorious in a legal tussle against Airtel Kenya, with the court ruling in his favor regarding the unauthorized use of his trademark, 'Bazu'. Let's delve into the details of this trademark infringement case and its implications.
The Background
On June 12, 2022, Willis Raburu, the Director of Digital Services and Innovations at Cape Media, filed a lawsuit against Airtel Kenya. His claim? That he held exclusive rights to use the term 'Bazu' in connection with goods and services related to advertising and telecommunications. Raburu had officially registered the trademark on April 13, 2021, under No. 116744.
Airtel's Defense
Airtel Kenya countered Raburu's claim, arguing that the term 'Bazu' had been in use by other parties before the registration date. They maintained that continuous use by various third parties precluded granting exclusive rights. Additionally, Airtel contended that 'Bazu' was a well-known slang in the local Sheng language, implying that Raburu did not originally create it.
The Court's Verdict
Chief Magistrate Rawlings Musiega, presiding over the Milimani Commercial Court, meticulously examined the evidence. The court found that Airtel Kenya had indeed used the 'Bazu' trademark to promote one of their internet bundle products. As a result:
1. A restraining order was issued, prohibiting Airtel from using the trademark in any material published on broadcast media or similar platforms.
2. Airtel was ordered to pay:
- Kes. 5 million in special damages.
- An additional Kes. 1.5 million in eneral damages.
Raburu's Response
In a statement following the ruling, Willis Raburu expressed his gratitude for the judgment. He emphasized the importance of upholding intellectual property and copyright rights. Raburu warned others against using 'Bazu' without his consent, asserting that this ruling set a crucial precedent.
"While we acknowledge Airtel Kenya as a respected brand and business, it is imperative for me to safeguard my own brand and name under the 'BAZU' trademark. The process has been guided by my lawyer, Victor Orandi, from Matthew and Partners Advocates, for which I am thankful for their unwavering support and guidance throughout this journey."
Conclusion
This legal battle underscores the significance of protecting intellectual property. As Willis Raburu celebrates this victory, the message is clear: Trademark infringement will not go unchallenged. The court's ruling serves as a beacon for creators and innovators, reminding us all to respect and hono
r intellectual property rights.
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