March 13, 2024.
NAIROBI, Kenya | In a landmark intellectual property rights ruling, seasoned media personality Willis Raburu has emerged victorious in his legal battle against telecommunications giant Airtel Kenya. The Milimani Law Courts, presided over by Commercial Chief Magistrate Rawlings Musiega, ordered Airtel Kenya to compensate Raburu with a sum of Ksh 6.5 million for unauthorized use of his ‘Bazu’ trademark in their advertising campaign.
Raburu, a respected figure in the Kenyan media landscape, had initiated legal proceedings against Airtel Kenya on June 12, 2022, after the company employed the ‘Bazu’ trademark, which he registered on April 13, 2021, under No. 116744, to promote one of its internet bundle products. The case brought to light the intricacies of copyright infringement and the protection of intellectual property in a digital age.
The court’s decision, allocating Ksh 5 million in special damages and an additional Ksh 1.5 million in general damages to Raburu, marks a significant milestone in the fight against copyright infringement. In his response to the judgment, Raburu expressed his profound gratitude to Hon. Rawlings Musiega for the decisive ruling, emphasizing its importance in setting a precedent for future intellectual property and copyright rights protection.
“I express my gratitude for the recent judgment delivered by Hon. Rawlings Musiega in the magistrate’s court, which holds Airtel Kenya accountable for infringing on my registered trademark ‘Bazu’. This ruling sets a crucial precedent for upholding intellectual property and copyright rights in the future,” Raburu stated.
Throughout the legal battle, Airtel Kenya contended that Raburu had not originated the term ‘Bazu’, arguing that it had been a term commonly used in the local Sheng (slang) language. The company suggested that Raburu was merely seeking financial gain. However, the court’s ruling affirmed the legitimacy of Raburu’s copyright claim.
Acknowledging the support from his legal team at Matthew and Partners Advocates, led by lawyer Victor Orandi, Raburu warned that the ruling served as a notice to others using the ‘Bazu’ name without authorization, indicating that legal notices have already been served to those infringing on his intellectual property.
The media personality took to Instagram to share his feelings on the victory, emphasizing the importance of respecting intellectual property rights. “Respect for intellectual property is paramount, and those using the name BAZU without authority will face similar consequences,” he added.
