An electronic products firm has been barred from producing and trading in goods whose brand name violated the trademark of a rival British company.
High Court Judge Josephine Mongare ordered Microtech Enterprises Limited to stop manufacturing, importing, or trading in its “Microtech FridgeGuard” and “Microtech HivoltGuard” brand of products, saying they deceptively bore a resemblance to those of Sollatek Electronics (K) Limited.
“A permanent injunction be and is hereby issued restraining the plaintiff (Microtech) either acting by itself, its directors, officers, servants, agents, employees, workmen or otherwise howsoever from producing, manufacturing, putting up for sale, selling, exporting, importing or in any other manner making available for sale or infringing in any way howsoever on the defendant’s “Sollatek", “Sollatek Hivolguard”’; and “Sollatek Fridgeguard” trademarks,” the judge said.
The court barred Microtech from dealing in any products that bear “deceptively similar marks or any other mark, name or designation bearing a close resemblance thereto namely “Microtech Hivoltguard” and Microtech Fridgeguard” or otherwise causing such goods to be passed off as the defendant’s goods”.
Microtech was also ordered to pay Sh5 million as compensation to Sollatek for damages.
Microtech is a dealer in electronic products and was on November 17, 2016, issued a certificate of registration for the trademark “Microtech” for extension sockets, gas pipes, burners and regulators, refrigerator guards, and electric showers.
Sollatek was on June 4, 1996, issued with a permit to offer solar-powered solutions as well as voltage surge protection products under the Sollatek trademarks including Sollatek Hivolguard and Sollatek Fridgeguard.
On or about 2016/2017 Microtech begun importing, distributing, and putting up for sale voltage surge protection and ancillary equipment inter alia marked “Microtech FridgeGuard” and “Microtech HivoltGuard”.
This prompted Sollatek to issue Microtech with a cease and desist letter dated March 10, 2017, as Sollatek claimed that Microtech was using its Trademarks or marks substantively resembling those of Sollatek.
This triggered a legal fight that saw the High Court rule in favour of Sollatek in a December 9, 2024 decision.
“On whether Mictotech’s use of Sollatek’s trademarks is likely to deceive or cause, confusion in the course of the parties’ trade, there was no dispute that both parties sell power surge protectors and products of an almost similar nature,” Justice Mongare said.
“I have no doubt that the use of Sollatek’s trademarks by both parties will more likely than not cause confusion to members of the public as to whom the products belong to. Therefore, Sollatek is likely to be prejudiced by Microtech’s continued use of Sollatek’s trademarks” the judge said.
The court said that it was satisfied that Microtech had been using Sollatek’s trademarks illegally.
“Both parties sell similar products and that the continued use of Sollatek’s trademarks by Microtech might cause confusion to members of the public as to the origin and ownership of the products,” Justice Mongare said.
