Spaghetti firm in boiling water due to trademark
What you need to know:
- Ms Kilonzo who is managing director at Good Brands Limited testified on behalf of Pastificio Lucio Garofala, the producers of Santa Lucia, and also imported goods from their competitors, Debenham and Fear Limited, the makers of Santa Maria.
A trademark dispute involving two spaghetti manufacturers is boiling in court.
The makers of Santa Maria, Debenham and Fear Limited, have been ordered to produce their business accounts since entering the local market with a similar trademark to Pastificio Lucio Garofala, the manufacturers of Santa Lucia.
In a suit certified as urgent and seeking to stop the order from taking effect, Iran-based Santa Maria producers claim the firm would go into losses since substantial amount of money and potential loss of market share is at stake.
High Court judge Jonathan Havelock, however, declined to heed to Santa Maria’s plea saying the firm had not been stopped from using the trademark yet.
“I do not want to hear the matter in the presence of one party, I would wish to hear the other side’s part of view,” the judge said.
In his ruling, Mr Justice Havelock ordered Italy-based Santa Lucia producers to be provided with the information in 90 days from December 10 in an initial case which he acknowledged was an infringement of copyright according to the Trademark Act.
“Court has had the opportunity to peruse all exhibits placed before it and documents in support of Santa Lucia, it is evident from these that the set up of the two are so similar as to cause confusion among purchasers of the products,” he ruled.
Makers of Santa Lucia alleged that its competitor coined its name from theirs causing confusion in the market.
Santa Lucia producers said there are similarities in packaging, presentation, colour, and logo design through a local agent and distributor, Ms Esther Kilonzo.
Ms Kilonzo who is managing director at Good Brands Limited testified on behalf of Pastificio Lucio Garofala, the producers of Santa Lucia, and also imported goods from their competitors, Debenham and Fear Limited, the makers of Santa Maria.
Through a letter from the taxman dated November 25, 2011, it was pointed out that Santa Maria producers were not duly registered on grounds of the similarities in trademarks of three other products — Santa Lucia, Santa Regina and Santa Roma.
Detrimental
Kenya Industrial Property Institute chief legal officer Eunice Njuguna testified that Santa Lucia was registered in November 23, 1992 with its colours and packaging which has been similar for the over 20 years it has been in the market.
According to Santa Lucia export director Emile Viola, their competitor’s actions have been detrimental to the firm that had build considerable goodwill and a reputation.
However, Santa Maria maker’s managing director Ratilal Dhanji Gudhka said his company has been in the market for over two years and this is a fight occasioned by stiff competition.
He said Santa Maria registration was effected on January 24, 2008, and expires on January 24, 2018, adding that the designer is to blame for the said similarities.
