Court orders Airtel to pay Willis Raburu KSh5 million for using his trademark ‘Bazu’

Newstop

The Milimani Commercial Court has ordered Airtel Kenya Limited to pay media personality Willis Raburu KSh5 million plus additional damages for use of his trademark, ‘Bazu’.

Raburu had on June 24, 2022 sued the telecommunication company for using his trademark ‘Bazu’ in promoting its new bundles plan ‘Bazu Bundle’.

Through his lawyer Victor Orandi of Mathew and Partners Advocates, Raburu filed the case at the High Court, but was on May 9, 2023 transferred to the magistrates court.

While delivering his judgement on Monday, March 11, Magistrate Rawlings Musiega ordered Airtel to pay Raburu special damages amounting to KSh5 million, attributed to the loss of any potential license fee that he may have incurred as a result of the company’s “infringing activities”.

The magistrate also ordered that Airtel pays Raburu an additional KSh1.5 million in general damages.

Consequently, Airtel Kenya — and its directors, officers, employees and agents — has been permanently barred from using Raburu’s said Trademark No. 116744.

“A permanent injunction to restrain the Defendant [Airtel Kenya] from publishing any material in the print and broadcast media in respect of the Plaintiff’s [Willis Raburu] Registered Trademark No. 116744 in respect to the mark ‘BAZU’ and/or any confusing or deceptive mark that directly or substantially is similar to that of the Plaintiff’s,” the ruling read in part.

Airtel has been granted a 45 days stay of execution. They can file an appeal within this period.

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