Businesses
Indian companies fight to get trademarks on electrical appliances sold on Jiji
Friday March 1, 2024
Two Indian companies have won court rulings prohibiting local retailers from infringing on their trademarks to market and distribute electrical products.
Havells Limited and QRG Enterprises Limited have obtained the order of the High Court restraining Mr. Duncan Maina Gathu and Galactic Systems Limited from marketing and distributing circuit breakers using their brands.
The electrical products are marketed and distributed through an online platform through a company known as Jiji Online Marketplace Kenya Limited.
The two Indian companies said they own the Havells brands worldwide and have registrations or applications in more than 110 countries, including Kenya.
“That pending the hearing and determination of this application, an order of temporary injunction is made prohibiting the 1st, 2nd and 3rd respondents, either by themselves or by their representatives, employees or agents, from importing , to distribute, list, market and sell merchandise bearing any brand. which is identical, confusingly similar or misleading, in part, in whole or in whole, to the plaintiffs’ marks,” Justice Njoki Mwangi said in the order.
The Indian companies said local traders had violated trademarks and were engaged in importing, distributing and selling circuit breakers with brands similar to theirs.
The court was informed that to protect intellectual property rights, both companies obtained trademark registration for exclusive use.
Harsh Aggarwal claims in an affidavit filed in court that due to the extensive use of his trademarks globally and in Kenya, both companies have acquired a substantial and favorable reputation, accompanied by goodwill.
Mr. Aggarwal said that local traders are unauthorizedly selling or advertising their products using the online platform.
“The online platform of the 3rd accused, www.jiji.co.ke, is not only a website or simply a marketplace for the sale of such counterfeit items in an unauthorized and illegal manner, but also a facilitator of the same thing,” Mr. Aggarwal said.
Jiji Online Marketplace Kenya Limited operates an e-commerce platform, a business-to-consumer platform and connects manufacturers, sellers and resellers in Kenya with buyers.
“Any further adoption and/or use of any identical or deceptively similar mark by the Defendants would dilute, tarnish and erode the goodwill acquired by the Plaintiffs,” Aggarwal said.
The court was informed that unlike the conventional e-commerce marketplace, the customer cannot make a direct and immediate purchase but must first click on the Contact Supplier section to contact the seller and make a request.
In addition, the said portal provides special services and features to buyers and sellers who register there, to facilitate the transaction between them.