Human and animal feed maker Unga Limited has obtained temporary court protection in a trademark dispute with Nanyuki-based Daiga Millers over the use of the “Hodari” brand on maize flour products.
The High Court in Nanyuki ruled that Unga had presented a compelling argument demonstrating that Daiga Millers’ use of the Hodari name risked misleading consumers and unfairly capitalising on Unga’s established goodwill in the regional market.
The court issued interim orders prohibiting Daiga Millers from importing, packaging, distributing, marketing, advertising, manufacturing, selling or offering maize meal products bearing the Hodari trademark until the case is fully heard and determined.
Unga told the court that it holds registered trademark rights for Hodari in Kenya, Tanzania, Zanzibar and Uganda, having invested significantly in advertising and sales across East Africa.
Court documents show that the dispute began in November 2024, when Unga discovered that Daiga Millers was producing and selling maize meal under the Hodari brand without authorisation.
Unga accused Daiga Millers of trademark infringement, passing off, unfair competition and violations of consumer protection laws, alleging that the miller was exploiting the reputation of an established brand.
In granting Unga’s application, the judge ruled that using the same name on identical products posed a genuine risk of consumer confusion.
“The respondent’s use of ‘Hodari’ on maize meal products — identical to those marketed by the applicant — creates a likelihood of confusion,” the court stated.
The ruling clarified that trademark law does not require proof of actual confusion at this preliminary stage, noting that demonstrating the potential for deception is sufficient. The court emphasised that trademarks serve as indicators of origin, enabling consumers to differentiate between competing products.
Unga also argued that monetary compensation would be an insufficient remedy.
The judge agreed, noting that market confusion would “undoubtedly harm the applicant’s reputation, goodwill, and profits”, losses that would be difficult to quantify or remedy later.
Daiga Millers did not file a substantive response to the application, despite entering an appearance through its advocate, leaving Unga’s evidence largely uncontested at this interim stage.
Beyond halting sales, the court directed Daiga Millers to surrender all infringing products, packaging materials, documents and equipment associated with Hodari-branded maize meal.
The miller was further prohibited from adopting any branding resembling Unga’s products pending trial.
The lawsuit will now proceed to a full hearing, where the court will determine whether trademark infringement and passing off occurred and what final remedies, including damages or restitution of profits, should apply.
The case underscores the commercial value attached to brand identity in Kenya’s staple food market, where maize flour is both a dietary essential and a fiercely contested commodity.
For major manufacturers, trademarks represent vital assets linked to consumer trust, pricing power and market dominance.
