The High Court in Nairobi has ordered an enquiry to establish the appropriate damages to be paid by a trader for infringing the Sherehe Maize Meal trademark owned by Neco Millers Limited.
The court heard that James Wamai has been selling maize flour using the brand without authorisation, causing confusion in the market and causing losses to Neco Millers.
“An enquiry as to damages or at the plaintiff’s option an account of profits and payment of all sums found due upon taking such enquiry or account,” Justice F. Mugambi said in the ruling issued on November 10.
“Delivery to the plaintiff within 60 days from the date of this judgment, of all packaging and copies of the Sherehe Maize Mealand design works of the said product for destruction which are in the defendant’s possession.”
The court also issued a permanent injunction against the defendant, ordering him to stop manufacturing, producing, reproducing or authorising the reproduction, selling or otherwise dealing with its maize meal product known as Sherehe Maize Meal or any substantial part thereof in any form whatsoever without the license of the plaintiff.
Neco registered the trademark on October 13, 2011, and was scheduled to hold it for a decade until October 13, 2021. The company filed its case in July 2018, seeking orders against the defendant for infringement of the brand.