Industrial Designs
Kenya Wine Agencies Limited v Mount Kenya Breweries Limited (IPT Case 87 of 2020) [2020] KEIPT 129 (KLR) (3 June 2020) (Ruling)
Facts
KWAL owned registered Industrial Design No. 1093, the bottle shape used for Kibao Vodka. It discovered Mount Kenya Breweries selling Sparkler Vodka in matching bottles; Mount Kenya Breweries claimed it sourced bottles from third-party glassworks and blamed counterfeiters, though it had admitted reusing collected and recycled bottles.
Issues
Whether KWAL established a prima facie case, irreparable harm and balance of convenience sufficient to warrant an interim injunction pending trial.
Rule
Industrial Property Act s.92(1)-(2) (exclusive rights of a registered design owner); s.106 (Tribunal application); the Giella v Cassman Brown & Co [1973] EA 358 injunction test.
Analysis
Registration itself is prima facie evidence of a statutory right; the respondent's admitted bottle-reuse practice kept the infringement claim live for trial. Damages were held inadequate to compensate loss of statutory design exclusivity during its protected term, and the respondent could simply switch to non-infringing bottles at no real prejudice.
Conclusion
Interim injunction granted restraining Mount Kenya Breweries from further use of Design No. 1093 pending final hearing; costs to KWAL.
Ruling available at kenyalaw.org.