Milimani Law Courts has ordered Airtel Kenya to pay journalist Willis Raburu Kes 6.5 million for using his trademark 'Bazu.'
Milimani Commercial Chief Magistrate Rawlings Musiega ruled that Airtel Kenya used the 'Bazu' trademark to promote one of their internet bundle products.
Airtel used the trademark in court submissions after Raburu registered it on April 13, 2021, under No. 116744.
Magistrate Musiega, therefore, restrained Airtel from publishing any of its material on broadcast media or using anything similar to the trademark.
Further, he ordered Airtel to pay Kes 5 million in special damages and Kes 1.5 million in general damages.
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However, Airtel Kenya has been granted a 45-day stay of execution or the option to file an appeal within the same period.
Raburu, through lawyer Victor Orandi of Matthew and Partners Advocates, sued Airtel Kenya on June 12, 2022, accusing them of trademark infringement.
Raburu argued that the trademark was used, yet by registering it, he was granted the exclusive right to use 'Bazu' in relation to goods or services classified under ‘advertising and telecommunications services' as per the International Classification of Goods and Services.
In their defense, Airtel Kenya argued that Raburu only aimed for quick enrichment and hoped for a silent settlement.
They added that the word 'Bazu' was well in use by other parties before the said registration date and "in instances where there exists continuous use of a word or symbol by various third parties prior to registration, the Plaintiff and/or any other person cannot enjoy exclusive rights from the use of such a word or symbol."
Airtel Kenya further submitted that Raburu did not create and design the Term since it is a well-known slang term in the local sheng language.
