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Who owns purple pack? Trademark war rattles sanitary pads marketing
Both sides have framed themselves as victims of infringement while accusing the other of copying packaging designs that are central to consumer choice in the sanitary pad market.
What is in a trademark? That question is at the centre of a high-stakes legal battle involving three sanitary pad makers, exposing challenges in Kenya’s intellectual property framework.
Softcare Kenya Company Limited has sued KOT Group Limited and Hilalium and Sons (UR Home) Limited, accusing them of unlawfully copying the design and packaging of its “Softcare” sanitary pads.
The firm claims rivals are attempting to exploit its reputation and goodwill, which it says have been built over a decade of consistent production and marketing.
Through its lawyer, Ombeta Ogonyo and Company Advocates, Softcare argues that “My Girl” sanitary pads, launched in 2024 by the two firms, originally featured distinct pink packaging.
However, Softcare alleges that the firms later redesigned their packs to resemble its own, thereby infringing on its registered trademark.
The company highlights the distinctiveness of its brand with a purple background decorated with scattered white flowers, a blue strip across the pack, and the image of a woman on the left-hand side.
The word “SOFTCARE” appears in bold white letters on the blue strip. According to the company, its rivals replicated these features, including the product description and layout, producing goods confusingly similar to Softcare’s.
In an affidavit, company representative Mary Mawia described Softcare as a trusted household name with more than 20 consumer brands.
“We have relied on our dominant purple and blue packaging for more than 14 years, during which the Softcare trademark has become firmly associated with our sanitary pads. Through continuous advertising and sales, we have built substantial goodwill and a strong market presence,” Ms Mawia stated.
Court records show Softcare in May 2025 started complaining to the Kenya Industrial Property Institute (KIPI) Tribunal, before escalating the matter to the Milimani High Court, where it successfully obtained interim injunctions barring its rivals from selling the contested products.
However, the case took a twist when KOT and Hilalium filed their own suit in Mombasa, accusing Softcare of copying their flagship product.
In documents filed through personnel manager Evans Irungu, the firms claim its “My Girl” brand has been in the market for a while and is widely recognised for its purple-coloured packaging.
They accuse Softcare of imitating their industrial designs, thereby undermining consumer trust and damaging their market share. The firms say they registered two designs—Purple Industrial Design and Sky Blue Industrial Design—in December 2024 under the Industrial Property Act of 2001. This registration granted them exclusive rights for 15 years, renewable upon expiry.
According to them, Softcare reproduced their design without consent by adopting a similar layout, a light-skinned model on the left, purple sections at the top and bottom divided by a central blue strip, and a slanted illustration of a sanitary pad on the right-hand side.
“The word ‘Softcare,’ written in white, has been styled and positioned in a manner that mimics ‘My Girl’,” the firms argued through their advocate, P.G. Kaingu & Company.
Both sides have framed themselves as victims of infringement while accusing the other of copying packaging designs that are central to consumer choice in the sanitary pad market.
They insist the imitation amounts to deliberate exploitation of their intellectual property for commercial gain. The companies are seeking declarations of infringement, permanent injunctions against Softcare, an account of profits earned from the sales, and compensation in damages.
