Kenya Wine Agencies Limited v Mount Kenya Breweries Limited [2020] KEIPT 129 (KLR)
- Court
- KEIPT
- Case number
- 129
- Citation
- [2020] KEIPT 129 (KLR)
- Decided
- 3 June 2020
Summary at a glance
TypeIndustrial Property DisputePostureInterim Injunction ApplicationCoramBrown Kairaria - Chairman, Wycliffe Swanya - Member, Pauline Mudeshi - Member, Brettah Muthuri - Member, Dr. Frasia Wangari - Member
We allow the Applicant's application dated 29 April 2020 with costs to the applicant.
Facts
Kenya Wine Agencies Limited (KWAL) filed an application seeking an interim injunction to restrain Mount Kenya Breweries Limited (MKBL) from infringing KWAL's industrial design No. 1093, a shape and configuration of a bottle used for Kibao Vodka. KWAL alleged that MKBL was using bottles embodying KWAL's design for its Sparkler Vodka, which KWAL claimed constituted infringement and passing off.
Issues
- Whether KWAL's industrial design No. 1093 has been infringed by MKBL
- Whether KWAL will suffer irreparable loss that cannot be compensated by damages
- Whether the balance of convenience tilts in favor of granting an interim injunction
Reasoning
The Tribunal found that KWAL's complaint of infringement is not idle and that KWAL has a statutory right to the industrial design No. 1093 which is infringed by the presence of Sparkler Vodka bottles in the market. The balance of convenience tilts in favor of granting an interim injunction.
Outcome
Interim injunction granted
Orders
- Interim injunction to restrain MKBL from further infringing and using KWAL's industrial design No. 1093
Remedies
- Interim injunction
Authorities cited
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