Agility Logistics Limited & 2 others v Agility Logistics Kenya Limited (Civil Case No. 840 of 2010) [2012] eKLR

Trademark Infringement Detail

Trademark Infringement

Agility Logistics Limited & 2 others v Agility Logistics Kenya Limited (Civil Case No. 840 of 2010) [2012] eKLR

Parties
Agility Logistics Limited & 2 others v Agility Logistics Kenya Limited
Court
High Court of Kenya at Nairobi, Milimani Commercial and Admiralty Division
Bench
Justice Joseph Mbalu Mutava
Tags
Trademark infringement Passing off Well-known mark
Date
2026-08-26

Facts

Kuwait-based Public Warehousing Company acquired UK-incorporated Agility Logistics Ltd in 2006 and rebranded globally as "Agility". Its Kenyan entity (formerly Starfreight Logistics) took the name Agility Logistics Limited in January 2009 and registered the "Agility" trademark in Kenya on 24 February 2009. The defendant had registered the business name "Agility" in October 2007 and incorporated as "Agility Logistics Kenya Limited" in September 2008 — both preceding the plaintiffs' local trademark registration.

Issues

Whether trademark rights, including as a well-known mark, override an earlier Companies Act business or company name registration, and whether the defendant's registration was an opportunistic, dishonest scheme to appropriate goodwill.

Rule

Companies Act (Cap 486) ss.19-20; Trade Marks Act (Cap 506) ss.7(1), 15A; Paris Convention and WTO/TRIPS well-known-mark protections; Auto Rescue Ltd v Auto Rescue Ltd (2008 KLR); Glaxo Plc v Glaxowellcome Ltd.

Analysis

The judge distinguished the Companies Act's protection, which only guards against duplicate registrations, from trademark law's broader protection of goodwill and reputation, especially for well-known marks. The timeline of the defendant's registrations closely tracking the plaintiffs' rebranding and Kenyan market entry supported an inference of opportunistic, pre-emptive registration designed to extract value, applying the reasoning in Glaxo on dishonest schemes.

Conclusion

Injunction granted restraining the defendant from trading or advertising as "Agility Kenya Limited" or holding itself out as affiliated with the plaintiffs; the defendant was ordered to change its company name under Companies Act s.20(4) within 60 days; costs to the plaintiffs.

Judgement available at kenyalaw.org.

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