Weetabix sues Kenyan biscuits maker Manji Foods

United Kingdom-based cereals maker Weetabix Limited has asked the High Court to bar a Kenyan company Manji Food Industries from marketing one of its products—Multibix—arguing that the name infringes on its trademark.

Weetabix claims that Multibix is an imitation of its products, arguing that the name is aimed at hoodwinking buyers into purchasing Manji’s products at the expense of the UK-based firm.

The firm reckons that the suffix ‘bix’ is a vital component of its various trademarks registered both in Kenya and around the world, and that the Multibix name infringes on its trademark rights.

“Manji Food Industries has put up on the Kenyan market whole grain biscuits not of Weetabix’s manufacture bearing the name Multibix, that is a deceptive imitation of the well-known products of the plaintiff namely Weetabix and Oatibix,” Weetabix said in suit papers.

Manji has denied the allegations in its response, arguing that there is clear distinction between its products and those of Weetabix.

The Kenyan cereals manufacturer wants the suit dismissed, insisting that the Multibix brand is not intended to confuse consumers of Weetabix’s products and that it is an independent brand with its own following.

“Manji admits that it manufactures, packs and distributes its product known as Multibix, but denies that it does the same deceptively to imitate Weetabix’s products. Manji denies that it is passing off its product as that of Weetabix or that it has led to confusion,” said Weetabix.

Weetabix has further told the court that it opposed an attempt by Manji in 2012 to register Multibix as a trademark, which convinced the Registrar of Trademarks to turn down the Kenyan firm’s application.

“The registrar’s decision meant that Manji or any other person could not use the suffix ‘bix’ in relation to cereal foods and wheat meal biscuits. The word Multibix is incapable of registration,” added Richard Martin, Weetabix’s finance director.

While Weetabix says that it is unaware of any appeal at the Registrar of Trademarks, Manji holds that it filed an appeal for the registration of the Multibix name.

“Manji has lodged an intended appeal against the decision of the registrar dated August 31, 2012. Manji denies that Weetabix has suffered or will suffer loss and damage,” said Manji.

Weetabix has also asked Justice Eric Ogola to award it financial damages for the losses it has allegedly suffered as a result of some of its clients being hoodwinked by Manji’s Multibix product.

The judge directed the two parties appear before him on January 21 to highlight their arguments after which he is expected to give a ruling date on the dispute.