Media personality Willis Raburu has yet to receive the Ksh6.5 million awarded to him by a magistrate court last year in a copyright infringement case he filed against telecom giant Airtel Kenya.
On June 24, 2022, the former Citizen TV presenter-turned-event promoter successfully sued Airtel Kenya for using his trademark ‘Bazu’ to promote its new bundle plan, ‘Bazu Bundle.’
Raburu argued that Airtel’s use of the name ‘Bazu’ caused the public to assume that he had endorsed the product, which was not the case.
He claimed this confusion negatively impacted his business by misleading consumers and the general public.
In its defense, Airtel Kenya contended that Raburu’s lawsuit lacked merit and was merely an attempt to gain quick financial benefit.
However, Magistrate Rawlings Lilum Musiega ruled in Raburu’s favor, affirming his rights as the registered owner of the trademark.
“I find and hold that the plaintiff herein has proved that the defendant is liable for infringement and passing off of the trademark ‘BAZU’.
I have considered the authorities cited by the plaintiff in support of its claim for damages. In my view, it would be fair to assess general damages at Ksh1.5 million,” the magistrate stated.
Additionally, the magistrate awarded Raburu Ksh5 million in special damages for the loss of potential royalties that Airtel might have paid in lieu of its infringing activities.
Dissatisfied with the ruling, Airtel Kenya has since filed an appeal at the High Court before Justice Linus Pogh’on Kassan, seeking to overturn the judgment.
Airtel Kenya’s objection
The telecom giant maintains that Raburu is pursuing the case solely for financial gain.
Last Thursday, the matter was mentioned before Justice Kassan to confirm the filing of Airtel Kenya’s appeal submissions.
“My lord, we had indicated that we intend to file further submissions. However, my lord, we saw no need to file the same. Instead, we can take a judgment date,” said Advocate Alvin Muhandick, representing Airtel Kenya.
Lawyer Victor Orandi, representing Raburu, concurred with the proposal. Justice Kassan subsequently directed both parties to appear before the court on March 26, 2025, for the judgment on the appeal.
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