Landmark Litigation and Disputes

1: Sony Corporation of Japan v Sony Holdings Limited
Successfully represented Sony Holdings Limited in a series of trademark disputes brought by Sony Corporation concerning the scope of protection of the word mark “SONY.” The firm represented the client throughout the proceedings before the Registrar of Trade Marks, the High Court of Kenya, and ultimately the Court of Appeal of Kenya in Civil Appeal No. 399 of 2019, where judgment was delivered in favour of our client. The decision is regarded as a significant development in Kenyan trademark jurisprudence, clarifying the legal framework for determining whether a mark qualifies as a well-known mark under Kenyan law.

2: Scotch Whisky Association vs Africa Spirits Limited
We have represented and defended Africa Spirits Limited in a trademark and geographical indication dispute concerning the protection of Scotch whisky as a geographical indication. The matter involves complex issues relating to GI protection, passing off, and extended passing off under Kenyan and international IP principles. We were also actively involved in defending Africa Spirits Limited and its Directors in related regulatory proceedings following the closure of their distillery along Thika Road.

3: Wardrobe Collections Limited – “POLO” Trademark Appeal.
We are currently prosecuting an appeal at the Court of Appeal on behalf of Wardrobe Collections Limited in proceedings concerning the expungement of the trademark “POLO”, raising important questions relating to trademark ownership, goodwill, and brand identity.

4: Match Masters Limited vs Anti-Counterfeit Agency
We successfully represented Match Masters Limited at the High Court in proceedings challenging the unlawful seizure of goods by the Anti-Counterfeit Agency. The matter raised important questions regarding the scope of enforcement powers under the Anti-Counterfeit Act and is currently pending determination at the Court of Appeal.


5: Lion Match (Pty) Limited vs Match Masters Limited
Representation in complex trademark and commercial disputes involving regional brand protection and enforcement

6: Paul’s Café Trademark Dispute
Representation of the Defendant in proceedings concerning the attempted expungement of “Paul’s Café” as a trademark by an international coffee house based in South Africa.

7: Nairobi Pyrotechnics Ltd v Nairobi Sports House Ltd
Representing Nairobi Sports House Ltd in a High Court dispute concerning the use of the name “Nairobi Pyrotechnics.” The claim involves allegations of passing off and unfair competition arising from the use of similar trade names in the fireworks and pyrotechnics business. The firm successfully opposed an application for interim injunctive relief seeking to restrain our client from using the contested name. The Court declined to grant the injunction, holding that the applicant had not demonstrated a prima facie case of passing off. We continue to represent Nairobi Sports House Ltd in the ongoing proceedings and also advise the client on trademark registration and protection of its brand portfolio.