Journalist Willis Raburu is set to receive Ksh.6.5 million in compensation from Airtel Kenya for the unauthorized use of his trademark ‘Bazu’. Milimani Commercial Chief Magistrate Rawlings Musiega affirmed that Airtel Kenya had utilized the ‘Bazu’ trademark to promote one of their internet bundle products.
Court records reveal that Raburu had registered the trademark on April 13, 2021, under No. 116744, prior to its usage by Airtel. Consequently, Magistrate Musiega has issued an injunction restraining Airtel from employing the trademark in any broadcast media materials or any similar derivatives.
The court has mandated Airtel to pay Ksh.5 million in special damages along with an additional Ksh.1.5 million in general damages. However, Airtel Kenya has been granted a 45-day stay of execution or the opportunity to file an appeal within the same timeframe.
Raburu initiated legal proceedings against Airtel Kenya on June 12, 2022, alleging trademark infringement. He contended that by registering the trademark, he had obtained exclusive rights to its use in relation to goods or services categorized under ‘advertising and telecommunications services’ per the International Classification of Goods and Services.
In defense, Airtel Kenya argued that Raburu’s motives were solely focused on financial gain, seeking a clandestine settlement. They asserted that ‘Bazu’ had been in common usage by various parties prior to Raburu’s registration date, negating his exclusive claim to the term.
Additionally, Airtel Kenya highlighted that ‘Bazu’ was a prevalent slang term in the local Sheng language, indicating its widespread usage beyond Raburu’s association.
This ruling marks a significant legal victory for Raburu and underscores the importance of trademark protection in commercial contexts.
