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Tuskys, Tusker Mattresses in court over trademark
Publish Date: Mar 29, 2011
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By Hillary Nambu

TUSKYS, a local company dealing in arts and crafts, has sued Tusker Mattresses, a subsidiary of Kenya’s Tusker Mattresses over a trademark.

Tuskys is seeking to recover unspecified damages, costs and interest from Tusker Mattresses for denying it the exclusive use of its trademark for years.

The firm, represented by Samuel Etubet, also seeks an injunction stopping Tusker Mattresses from using the trademark. Daniel Mugenga, the Tuskys managing director, in an affidavit said they registered their trademark in Class 8 for crafts and arts in 2008.

Mugenga said they, however, discovered in 2010 that Tusker Mattresses, a company that operates a supermarket business was using their trademark. But Tusker Mattresses’ lawyer John Magezi denied the allegation. He said they obtained the logo and slogan “your friendly supermarket” in Class 16 in 2009.

However, Tusker Mattresses admitted in a written statement of defence that the representation of the trademark was erroneously put as “your friendly supermarket” whereas it should have been “time to go, Tuskys, your friendly supermarket.”

Hassan Ali Abdi, the Tusker Mattresses country manager, said in an affidavit that unlike the plaintiff’s trademark that is in respect of goods in Class 18 that embraces arts and crafts, the alleged infringement of the trademark is in respect of goods in Class 16, which is for paper articles, cardboards, newspapers and other printed matters.

Justice Helen Obura of the Commercial Court is hearing the case.

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