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Media personality Willis Raburu is yet to receive the Sh6.5 million he was awarded 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'.
He claimed that the public assumed that he had endorsed Airtel because they used the name BAZU in their business dealings, which wasn't the case.
Therefore, it affected his business by confusing consumers and the general public.
In its defense, Airtel Kenya argued that Raburu was only aiming for a quick enrichment filing the suit as it had no basis.
But Magistrate Rawlings Lilum Musiega said in his ruling that Raburu, as the registered owner of the trademark, was entitled to its exclusive use.
"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 said.
The magistrate further awarded Raburu special damages of Ksh5 million for the loss of any potential royalty that the defendant may have paid to the plaintiff in lieu of the infringing activities.
Aggrieved by the magistrate's ruling, Airtel Kenya has filed an appeal at the High Court before Justice Linus Pogh''on Kassan, seeking to overturn the judgment, claiming that Raburu is only seeking quick enrichment.
Last week Thursday, the matter came up for mention before Justice Kassan to confirm the filling 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 fill the same instead we can take a judgment date." Advocate Alvin Muhandick appearing for Airtel Kenya told the court.
With lawyer Victor Orandi appearing for Raburu seconding the same, Justice Kassan ordered both parties to appear before him on March 26, 2025, for judgment on the appeal.
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