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Airtel Kenya ordered to pay Willis Raburu Sh5 million for ‘Bazu’ trademark use


The Milimani Commercial Court has ruled in favor of media personality Willis Raburu in a trademark infringement case against Airtel Kenya Limited.

The court has ordered the telecommunications company to pay KSh5 million in damages, along with additional compensation.

Raburu initiated legal proceedings against Airtel on June 24, 2022, alleging the unauthorized use of his trademark ‘Bazu’ in the promotion of the company’s new bundles plan, known as ‘Bazu Bundle.’

Represented by his lawyer Victor Orandi of Mathew and Partners Advocates, Raburu filed the case at the High Court. However, on May 9, 2023, the case was transferred to the Magistrates Court.

In delivering the judgment on Monday, March 11, Magistrate Rawlings Musiega ordered Airtel to pay Raburu KSh5 million in special damages, attributed to the potential loss of licensing fees resulting from the company’s “infringing activities.”

Additionally, Airtel was directed to pay Raburu KSh1.5 million in general damages.

Furthermore, the court issued a permanent injunction restraining Airtel Kenya, its directors, officers, employees, and agents from using Raburu’s trademark, Registered Trademark No. 116744, in any print or broadcast media.

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This injunction extends to any mark deemed confusingly similar to ‘BAZU.’

“A permanent injunction to restrain the Defendant (Airtel Kenya) from publishing any material in the print and broadcast media in respect of the Plaintiff’s (Willis Raburu) Registered Trademark No. 116744 in respect to the mark ‘BAZU’ and/or any confusing or deceptive mark that directly or substantially is similar to that of the Plaintiff’s,” the ruling stated.

Airtel Kenya has been granted a 45-day stay of execution, during which they have the option to file an appeal against the judgment.

Airtel Kenya presented a defense asserting that Willis Raburu sought quick enrichment and sought a quiet resolution.

They contended that the term ‘Bazu’ had been in use by other parties before Raburu’s registration date.

According to Airtel, continuous use of a word or symbol by various third parties prior to registration prevents any individual, including Raburu, from claiming exclusive rights to its use.

Additionally, Airtel argued that ‘Bazu’ was not originally coined by Raburu, as it was already a widely recognized slang term in the local sheng language.