Court asked to block Tecno's Sunday charity run

 

 

On Wednesday, events management firm Colour Fun Run, Eric Omondi, and Andrew Achandere, petitioned the court to temporarily halt the charity run until the main case of copyright theft is heard and determined.

 

The aggrieved represented by Centre for Legal Aid, lament they are likely to suffer irreparable loss if the temporary injunction is not granted.

 

The Tecno's co-defendants in the main case are listed as Carlcare Service Limited, Godfrey Kalangwa, and Hamood Babu.

 

The application is supported by Omondi's affidavit, which states that in 2014, the trio developed a model for a charity event titled ‘Colour Fun Run'.

 

The aggrieved state that as they sought sponsorship for the event, they presented to the defendants the model of the event and how it would be organised.

 

"The respondents(defendants) have unlawfully exploited and utilised the Applicants' confidential information, infringed their copyright and passed off their model for the event as though it belongs to the Respondents," says Omondi.

 

The aggrieved explain that the main suit seeks to permanently stop the alleged copyright infringement, breach of confidence, unjust enrichment and passing off.

 

 

I am a male adult Kenyan of sound, the 1st Applicant in this application and I swear this affidavit in that capacity. 

 

That in 2014, the Applicants developed a model for a charity event involving the use of sprinkling of different colours during a marathon titled ‘Colour Fun Run'.

 

That the Applicants thereafter obtained various sponsors for the first event in 2016 and have so far had 2 (two) editions in Kampala and 4 (four) editions outside Kampala. 4. That in September 2017, the Applicants organised another edition of the event which they named ‘Kampala Colour Fun Run' at which the Respondents participated as one of the sponsors.

 

That in June 2018, the Applicants contacted the Respondents for sponsorship of the 2018 edition of the event (Kampala Colour Fun Run 2018).

 

That in order to convince the Respondents to sponsor the said event, the Applicants presented to the Respondents, the model of the event and how it would be organised.

 

That the said disclosure was made in confidence and for the purposes of convincing the Respondents to sponsor the Kampala Colour Fun Run 2018 as it had previously done for the 2017 Kampala Colour Fun Run edition.

 

That in October 2018, the 3rd and 4th Respondents met the Applicants and presented to them the Respondents' conditions for sponsoring the event. The 3rd and 4th Respondents further followed up the meeting with written texts to the 1st Applicant.

 

That the Respondents told the Applicants that they would fully fund the event's budget if the Applicants agreed to share part of the proceeds of the event with the Respondents.

 

That the Applicants accepted the Respondents' proposal of sharing the proceeds of the event but the parties failed to agree on the proportions in which the proceeds would be shared as the Respondents suggested that the Respondents take 90% while the Applicants suggested that the Respondents take only 70%.

 

That in a bid to reach a compromise, on October 27, 2018, the Applicants proposed to the Respondents that the Applicants take 20% of the proceeds of the gate collection at the event in exchange for the Respondents' sponsorship of the said event but the Respondents have not responded to the Applicants' proposal to date.

 

That on October 29, 2018 the Applicants were shocked when the 3rd and 4th Respondents posted a WhatsApp profile picture and various social media posts advertising an event by the name ‘Heroes in Color Run' which event is similar to the event model which the Applicants presented to the Respondents in confidence in June 2018.

 

That the Respondents have scheduled their intended unlawful event on 18th November 2018.

 

That the Respondents have made Facebook and Twitter pages dedicated to the event and are currently running a promotion where they give out t-shirts and free tickets to customers who purchase their products.

 

That the Respondents have held out as the organisers of the ‘Colour Fun Run, an event which was designed and presented in confidence to the Respondents by the Applicants and this has led to confusion amongst the Applicants'' clients.

 

That the Respondents have presented to some of the Applicants' sponsors of their previous editions of the event like NTV and Sanyu FM radio, a replicated version of the Applicants' Colour Fun Run model in order for the said sponsors to participate in the Respondents' intended unlawful event.

 

That the Applicants have filed a suit against the Respondents seeking inter alia a permanent injunction against the Respondents' intended unlawful event and activities on grounds of copyright infringement, breach of confidence, unjust enrichment and passing off.

 

That I have been advised by the Applicants' lawyers, M/s Centre for Legal Aid, whose advice I verily believe to be true that the Applicants' suit against the Respondent has a high likelihood of success. 

 

That the Applicants are likely to suffer irreparable loss if the temporary injunction is not granted as the Applicants will suffer brand diminution and injury to their reputation which cannot be compensated in monetary terms.

 

That the said illegal and unlawful acts of infringement of copyright and breach of confidence by the Respondents have caused and continue to cause damage to the Applicants' rights as the proprietors of the ‘Kampala Colour Fun Run' model and the Respondents are likely to reap a hefty benefit to the Applicants' detriment.

 

That the balance of convenience is in favour of granting the orders sought herein.

 

That it is fair, just and reasonable that the Respondents be restrained from reproducing, assembling and distributing copies of the Applicants' model and or carrying out any activities similar to the Applicants' event and passing off the Respondents' intended event as being that or associated with that of the Applicants pending the determination of the main suit. 

 

That I swear this affidavit in support of the Chamber Summons and the orders sought therein.

 

That whatever is herein stated above is true and correct to the best of my knowledge and belief, save for information whose source is disclosed herein.