Mabati Rolling Mills Limited v Royal Mabati Factory Limited [2020] KEHC 9666 (KLR)

Facts

The plaintiff, Mabati Rolling Mills Limited, sued the defendant, Royal Mabati Factory Limited, for trademark infringement and passing off. The plaintiff claimed the defendant was using the word 'VERSATILE' to market its products, which the defendant argued was a disclaimered word.

Issues

1. Whether the plaintiff is the registered proprietor of the trademarks 'VERSATILE' and 'ROYAL VERSATILE'
2. Whether the defendant has used the words 'VERSATILE' to market its products

Reasoning

The defendant's argument that the word 'tile' was disclaimed in the plaintiff's trademark was not upheld. The plaintiff's trademark is 'VERSATILE' and 'ROYAL VERSATILE'. The defendant's use of 'VERSATILE' was found to be likely to cause confusion.

Outcome

The defendant was ordered to cease using the word 'VERSATILE' to market its products.

Authorities cited