OLYMPIC SPORTS HOUSE LIMITED V SCHOOL EQUIPMENT CENTRE LIMITED [2012] KEHC 1071 (KLR)
- Court
- High Court of Kenya
- Case number
- 1071
- Citation
- [2012] KEHC 1071 (KLR)
- Decided
- 28 September 2012
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeTrademark InfringementPostureAppeal from the original trial outcomeCoramCaptain, Madan, Ogola, Ojwang, Ag., Ojwang Ag., Ringera, Warsame
Holding
The court granted the Plaintiff's application for an injunction and ordered the Defendant to cease infringing the Plaintiff's trademark and to allow the Plaintiff to enter the Defendant's premises to seize infringing goods.
Facts
The Plaintiff, Olympic Sports House Limited, holds a trademark for 'The Indian Maharadja' on sports goods and equipment. The Defendant, School Equipment Centre Limited, has been importing, offering for sale, selling, storing, and distributing sports goods under the Plaintiff's trademark without permission.
Issues
- Whether the Defendant has infringed the Plaintiff's trademark
- Whether the Plaintiff has the right to enter the Defendant's premises to seize infringing goods
Reasoning
The court found that the Defendant had been infringing the Plaintiff's trademark and that the Plaintiff had the right to enter the Defendant's premises to seize infringing goods.
Outcome
Granted
Orders
- Interim injunction
- Permanant mandatory injunction
- Order to allow Plaintiff to enter Defendant's premises to seize infringing goods
Remedies
- Injunction
- Seizure of infringing goods
Authorities cited
Legislation (3)
- Civil Procedure Act
- Civil Procedure Rules
- Trademarks Act
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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