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Kindergarten owner fined for ‘Johari School’ trademark breach
The legal dispute involved Johari School Limited, incorporated in July 2011, and Ms Wambugu, who operated Johari Daycare and Kindergarten, established in 2014.
A Nairobi businesswoman has been ordered by the High Court to pay Sh2.5 million in damages for operating a school under the name “Johari School,” misleadingly presenting it as an established competitor in the education industry.
The court ruled that Rosemary Wambugu infringed on the goodwill of Johari School Limited by using a confusingly similar name for her daycare and kindergarten facility along Kiambu Road.
“It is clear that the plaintiff (Johari School Limited) has proved that the defendant passed off her services as those of the plaintiff. Considering the plaintiff’s established goodwill and the defendant’s contempt of prior court orders, I assess general damages at Sh2.5 million,” the judge stated.
The legal dispute involved Johari School Limited, incorporated in July 2011, and Ms Wambugu, who operated Johari Daycare and Kindergarten, established in 2014.
Johari School Limited filed a suit in 2018, stating that it had registered and operated under the name since 2011, receiving full registration from the Ministry of Education in January 2012 and building a strong reputation and enrollment base.
The company argued that Ms Wambugu later adopted the same name to run an institution, causing confusion among parents and business partners. It claimed her actions were opportunistic and intended to profit from its established brand.
Despite a demand notice, Johari School Limited and its director, Salome Beacco, said Ms Wambugu continued using the name, forcing them to seek legal remedies, including declarations, an injunction, damages and costs.
But Ms Wambugu denied wrongdoing, stating that she lawfully registered her business name in January 2014, after an approved name search by the registrar, who did not reject it on grounds of potential confusion.
She maintained that she was unaware of Johari School Limited’s existence at the time and argued that “Johari”—a Kiswahili word meaning “jewel”—could not be exclusively owned.
Ms Wambugu also contended that Johari School Limited had not trademarked the name and that prior company registration did not grant exclusive rights.
In a counterclaim, she accused the company of malice and sought damages. However, the court dismissed her arguments, ruling that the case hinged on passing off rather than trademark registration.
The court issued a permanent injunction barring Ms Wambugu from using “Johari School” or any confusingly similar variation and dismissed her counterclaim with costs.
The court defined passing off as “falsely representing one’s own product as that of another in an attempt to deceive potential buyers.”
The judge noted that under the Trade Marks Act, a party can sue for passing off even without a registered trademark. To succeed, a claimant must prove goodwill, misrepresentation, and damage or likelihood of damage.
Applying this test, the court found that Johari School Limited had operated continuously since 2011 and established goodwill. It also determined that Ms Wambugu registered “Johari Daycare and Kindergarten” in 2014 and later sought Ministry of Education registration as “Johari School” and “C.I Johari School.”
“It is clear that the names of the two schools are strikingly similar, and an ordinary person may conclude that the two entities are related or the same,” the court observed.
The ruling stated that both institutions targeted the same market and that Ms Wambugu’s services were “not distinguishable when viewed as a whole,” creating confusion.
Regarding damages, the judge noted that the law presumes loss where goodwill is undermined through passing off. While precise computation was difficult, relevant factors justified the Sh2.5 million award.
