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What’s in a shape? Lessons from Bata, Umoja trademark row
In Kenya, industrial design rights are protected under the Industrial Property Act, 2001, which focuses exclusively on the ornamental appearance of objects.
In a historic decision, the High Court recently dismissed a suit filed by Bata Brands SA and Bata Shoe Company (Kenya) Limited, who had accused Umoja Rubber Products of copying the design of their popular 'Toughees' school shoes.
The Commercial Court at Milimani found that Bata had failed to prove that Umoja’s Shupavu school shoes bore a sufficient resemblance to amount to infringement or passing off.
