After the court ordered Airtel to pay him, Willis Raburu shared his reaction on social media, expressing his contentment with the outcome. He underscored the significance of honoring intellectual property rights and cautioned other businesses against the unauthorized use of the 'Bazu' name.
Raburu further communicated his sentiments in an interview with a local media outlet, reiterating that Airtel did not make any attempts to contact him for a resolution, prompting him to pursue legal action.
"Nilipatana nayo kwa mtandao nikaenda court na nikafollow the due process vile inafaa... The company hawakuwa wamenitafuta lakini sasa tunaenda na the rulling of the court," he said.
Raburu is poised to receive a substantial payout after a court ruling has mandated Airtel Kenya to compensate him with Sh6.5 million for the unauthorized use of his trademark 'Bazu'.
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Milimani Commercial Chief Magistrate Rawlings Musiega affirmed that Airtel Kenya had indeed utilized the 'Bazu' trademark to promote one of its internet bundle products.
The court, having established that Willis Raburu had registered the trademark on April 13, 2021, under No. 116744, issued a directive through Magistrate Musiega. The directive restrains Airtel from utilizing the trademark in any broadcast media materials or using anything resembling the trademark. As part of the ruling, Airtel is obligated to pay Sh5 million in special damages and an additional Sh1.5 million in general damages.
Airtel Kenya has been granted a 45-day stay of execution, or alternatively, the option to file an appeal within the same period.
Willis Raburu, represented by lawyer Victor Orandi of Matthew and Partners Advocates, filed a legal action against Airtel Kenya on June 12, 2022, alleging trademark infringement. Raburu claimed that despite registering the trademark, Airtel had used it without authorization.
In its defense, Airtel Kenya contended that Raburu's motive was solely to seek swift enrichment and negotiate a discreet settlement.
They argued that the term 'Bazu' had been in use by various parties before Raburu's registration date and was a widely recognized slang in the local Sheng language.