A book publisher has won an intellectual property case against a former business partner who had attempted to continue using a popular registered brand name they had jointly used before parting ways.
The Court of Appeal ruled that Peter Mwangi Gichuki cannot continue publishing books under the High Flyer Series brand that had been registered as a trademark by his former co-publisher Anthony Kioi.
“A permanent injunction be and is hereby issued restraining the respondents from publishing, issuing, promoting, advertising, printing, selling… books, volumes, works, titles bearing the 1st appellant’s (Anthony Kioi) trademark of a flying eagle holding three books with its talons with the phrase High Flyer Series,” Court of Appeal Judges Hellen Omondi, John Mativo and Abida Ali-Aroni ruled.
The two former business partners at High Flyer Services Limited had been embroiled in a legal battle for over a decade.
They were involved in publishing a series of books known as Comprehensive Topical.
When they parted ways, each continued in the same publishing business independently.
In November 2006, Mr Kioi registered a trademark… with the phrase High Flyer Series. Mr Kioi said his ex-partner continued publishing books under the Comprehensive Topical brand but stopped using it in 2011.
This prompted Mr Kioi to go to the High Court, which ruled in favour of Mr Gichuki stating that: “The 1st appellant did not have good intentions when registering the trademark as his action amounted to stealing a march from the 1st respondent.”
Mr Kioi appealed the decision which the Court of Appeal which overturned, stating the respondents used the appellant’s trademark in a move calculated to confuse consumers.
