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- Title
The developing jurisprudence on the protection of well-known marks in Kenya: the Red Bull decision.
- Authors
Syekei, John; Mwathe, Daniel; Omwenga, Joseph
- Abstract
John Syekei, a Partner at Coulson Harney Advocates and the Head of the Intellectual Property and Technology team, acted for Red Bull GmbH in these proceedings. Daniel Mwathe is an Associate at Coulson Harney Advocates. Joseph Omwenga is a lawyer at Coulson Harney Advocates.This article summarises the legal position in Kenya with regard to the protection of well-known marks.It analyses the provisions of the various laws with respect to protection of well-known marks as well as recent decisions on this subject. In this regard, reference has been made to the provisions of the Trade Marks Act, Cap 506 of the Laws of Kenya, the Paris Convention for the Protection of Industrial Property and the Agreement on Trade Related Aspects of Intellectual Property Rights (“TRIPS”).This article also includes a comprehensive analysis of the Ruling by the Registrar of Trade Marks in In the matter of TM application no. 67288 “BULZAI ENERGY DRINK” in the name of Kamal Khanbabaei General Trading Co. LLC and opposition thereto by Red Bull GmbH.
- Subjects
KENYA; JURISPRUDENCE; RED Bull GmbH; SYEKEI, John; COULSON Harney Advocates (Company)
- Publication
Journal of Intellectual Property Law & Practice, 2014, Vol 9, Issue 2, p133
- ISSN
1747-1532
- Publication type
Article
- DOI
10.1093/jiplp/jpt234