G4S SECURITY SERVICES (K) LIMITED v GROUP FOUR SECURITY LIMITED (Civil Application 19 of 2007) [2007] KECA 109 (KLR) (30 March 2007) (Ruling)

Facts

The respondent filed a suit against the applicant alleging infringement of trade mark and passing off services. The respondent sought an injunction restraining the applicant from trading in the name of Group 4 Securicor or any similar name and to cease all activities under the same name. The applicant applied for a stay of the injunction order.

Issues

1. Whether the injunction order should be stayed pending the appeal
2. Whether the applicant would suffer substantial loss and irreparable damage if the injunction is not stayed

Reasoning

The Court considered the substantial loss the applicant would suffer and the potential loss of corporate identity to the respondent if the injunction was stayed. The Court found that the injury to the applicant was quantifiable, while the injury to the respondent was not adequately compensated by damages.

Outcome

The injunction order was stayed pending the determination of the intended appeal.

Authorities cited