The High Court has overturned media personality Willis Raburu Ksh6.5 million trademark victory against telco giant Airtel.
The court ruled that the lower court which had awarded him the money has no authority to handle trademark disputes.
Willis Raburu sued Airtel in 2023 for using the word “Bazu” in its data bundles promotion without his approval.
He said the word was his registered trademark in several classes, including clothing, business, and telecommunication services.
And that Airtel’s use of the term misled consumers into thinking he was part of the campaign.
The Milimani court had agreed with Willis Raburu and awarded him Ksh5 million in special damages and Ksh1.5 million in general damages, bringing the total to Ksh6.5 million.
Airtel appealed the ruling, saying the word “Bazu” is just common Sheng slang that many Kenyans use to describe someone stylish, successful, or influential.
The company argued that the word can’t belong to one person. And that the Magistrate’s Court had no power to handle trademark cases.
Justice Linus Kassan agreed with Airtel.
He said the lower court had gone beyond its powers and explained that, under the Trademarks Act, only the High Court or the Registrar of Trademarks can deal with such matters.
And that moving the case from the High Court to the lower court was a mistake because the law doesn’t allow it.
In the end, Raburu’s case was struck out, and he was ordered to pay Airtel’s legal costs. His earlier Ksh6.5 million win was cancelled, marking a major setback in his bid to claim ownership of the word “Bazu.”
By Vivian K.