OSHO CHEMICAL INDUSTRIES LTD v AGRICHEM & TOOLS LTD & ANOTHER [2008] KEHC 1835 (KLR)
- Court
- High Court of Kenya
- Case number
- 1835
- Citation
- [2008] KEHC 1835 (KLR)
- Decided
- 13 June 2008
The court finds that the use of the name AGRIFEED by the defendant does not constitute trademark infringement as the products are not confusingly similar and are sufficiently distinct.
Facts
The plaintiff, Osho Chemical Industries Ltd, alleges that the defendant, Agrichem & Tools Ltd, is infringing its registered trade mark 'AGROFEED' by manufacturing and selling a product called 'AGRIFEED'. The plaintiff claims that the name AGRIFEED is confusingly similar to AGROFEED and that the products are misleading.
Issues
- Whether the use of the name AGRIFEED by the defendant constitutes trademark infringement
- Whether the products are sufficiently distinct to avoid confusion
Reasoning
The court notes that the plaintiff's products have been in the market for 9 years and have established a substantial reputation. The defendant's products, while similar in some aspects, are not confusingly similar and are distinguishable.
Outcome
Affirmed
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