[2000] KEHC 551 (KLR)

[2000] KEHC 551 (KLR)

The court found that the plaintiff is the registered proprietor of the 'Santa Lucia' trade mark in Kenya and that the defendants' products marked 'Santa Lucia' and 'Saint Lucie' are deceptively similar to the plaintiff's registered mark. The court was not persuaded by the defendants' contention that the marks and...

Source-derived case information.

Citation
[2000] KEHC 551 (KLR)
Parties
Plaintiff: SPA; Defendant: Jamale & Another
Court
High Court
Court Station
High Court at Mombasa
Jurisdiction
Kenya
Judgment Date
4 May 2000
Case Number
Civil Suit 66 of 2000
Procedural Posture
Civil Case / Interlocutory Application (chamber Summons) for Injunction
Outcome
Interlocutory injunction granted in terms of prayer 3, limited to 8 months, subject to undertaking as to damages.
Legal Topics
Trade Mark Infringement, Passing Off, Interlocutory Injunctions, Prima Facie Case, Irreparable Harm
Source Language
english
Intellectual Property Commercial and Corporate Trade Mark Infringement Passing Off Interlocutory Injunctions Prima Facie Case Irreparable Harm

Source-derived case record

Summary, issues, holding and outcome

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Parties

SPA

Plaintiff

Jamale & Another

Defendant

Procedural Posture

Civil Case / Interlocutory Application (chamber Summons) for Injunction

Legal Issues

  1. 1 Whether the defendants have infringed the plaintiff's registered trade mark 'Santa Lucia'.
  2. 2 Whether the plaintiff is entitled to an interlocutory injunction restraining the defendants from dealing with the infringing goods pending determination of the suit.
  3. 3 Whether damages would be an adequate remedy for the plaintiff if the injunction is not granted.

Ratio Decidendi

The court found that the plaintiff is the registered proprietor of the 'Santa Lucia' trade mark in Kenya and that the defendants' products marked 'Santa Lucia' and 'Saint Lucie' are deceptively similar to the plaintiff's registered mark. The court was not persuaded by the defendants' contention that the marks and goods originated from the plaintiff, noting that the truth of such claims would be determined at trial. At the interlocutory stage, the plaintiff had established a prima facie case of trade mark infringement. The court held that allowing the continued distribution of the infringing goods would cause irreparable harm to the plaintiff's business and undermine the purpose of trade...

Court Disposition

Interlocutory injunction granted in terms of prayer 3, limited to 8 months, subject to undertaking as to damages.

Orders

  • Each defendant is restrained from making, selling, offering for sale, exporting, smuggling, removing from jurisdiction, distributing, parting with possession, destroying, defacing, hiding, or otherwise dealing with pasta marked 'Santa Lucia' and 'Saint Lucie' or any material used or intended for their preparation...
  • The plaintiff shall give an undertaking as to damages within 48 hours, failing which the application will stand dismissed.