Bakhresa Food Products (K) Limited v Advent Limited [2017] KEHC 9746 (KLR)
- Court
- High Court of Kenya
- Case number
- 9746
- Citation
- [2017] KEHC 9746 (KLR)
- Decided
- 3 November 2017
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeTrademark DisputePostureAppeal from a previous order granting a temporary injunctionCoramOLGA SEWE
Holding
The Court grants a temporary injunction restraining the Defendant from using the Plaintiff's trademark 'Uhai' in its product Uhai Premium Drinking Water.
Facts
Plaintiff Bakhresa Food Products (K) Limited alleged that Defendant Advent Limited was infringing its trademark 'Uhai' by manufacturing and selling a product called Uhai Premium Drinking Water.
Issues
- Whether the Plaintiff stands to suffer irreparable harm
- Whether the Defendant's use of the Plaintiff's trademark infringes the Plaintiff's rights
Reasoning
The Court found that the Plaintiff has a prima facie case of trademark infringement and that the Defendant's use of the Plaintiff's trademark is causing irreparable harm.
Outcome
Appeal allowed, temporary injunction granted
Orders
- Restraining the Defendant from manufacturing, packaging, advertising, promoting, selling and/or offering for sale, distributing, displaying or otherwise using or dealing with the product Uhai Premium Drinking Water in its present packaging, labelling and get-up which singly and/or in combination infringe the Plaintiff's 'Uhai' trademark pending the inter partes hearing and determination of the suit.
- Restraining the Defendant from manufacturing, packaging, and get-up which singly and/or in combination pass off the Defendants Uhai Premium Drinking Water as sourced from or associated with the Plaintiff's 'Uhai' trademark pending the inter partes hearing and determination of the suit.
Remedies
- Temporary Injunction
Authorities cited
Legislation (2)
- Civil Procedure Act
- Trade Marks Act
Cases cited (1)
- Nguruman Limited vs. Jan Bonde Nielsen & 2 Others [2014] eKLR
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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