BROUGHT TO YOU BY NETKING
Chicken Inn emerged victorious in its legal battle against local competitor Chicken Slice over trademark infringement.
It’s a classic David and Goliath story that has played out in the fast food industry – except this time, Goliath won. The longstanding Zimbabwean chicken chain Chicken Inn, which could practically be considered the country’s national bird, found its wings ruffled when scrappy newcomer Chicken Slice attempted to bite off a piece of its trademark with the tagline “I Luv It”.
The dispute centered around Chicken Slice’s use of the word and spelling “luv,” which Chicken Inn had registered as a trademark.
SPONSORED
The High Court initially ruled in favor of Chicken Slice, stating that Chicken Inn did not possess exclusive rights to the word “luv” and that consumer confusion was unlikely. However, Chicken Inn appealed the decision, and the Supreme Court ultimately found in their favor, declaring that Chicken Slice had indeed violated Chicken Inn’s trademarks.
The implications of this ruling are significant for the Zimbabwean intellectual property scene. The judgment demonstrates the country’s commitment to enforcing trademark rights once they are registered.
It sends a clear message to businesses that attempts to misrepresent or take advantage of a competitor’s reputation through the use of similar or confusing marks will not be tolerated, as they can lead to illegal and unfair competition.
Furthermore, this ruling serves as a warning to all companies operating in Zimbabwe to be cautious when developing their branding strategies. It emphasizes the importance of conducting thorough research to ensure that trademarks and logos do not infringe upon existing registered marks. Businesses must strive to create distinctive and unique branding elements to avoid conflicts and potential legal consequences.
This case is not an isolated incident in Zimbabwean intellectual property law. In a similar trademark and trade dress infringement dispute in October 2021, the Supreme Court ruled that copying another person’s trademark to sell one’s own products with misleading branding is unlawful.
In that case, Cairns Foods Limited filed a lawsuit against Netrade Marketing Private Limited for producing and selling a product called Royal Sun Jam, which featured trademark and tread patterns that infringed upon Cairns Foods’ registered trademark. The court upheld Cairns Foods’ claim, highlighting the importance of respecting established trademarks and trade dress.
These recent legal decisions firmly establish Zimbabwe as a jurisdiction that takes commercial rights and intellectual property protection seriously. They provide assurance to both local and international businesses that their intellectual property rights will be safeguarded by the country’s legal system. This can foster an environment conducive to innovation, investment, and fair competition.
Chicken Inn’s successful appeal against Chicken Slice in the trademark infringement case has far-reaching implications for the Zimbabwean intellectual property landscape.
The ruling demonstrates the country’s commitment to protecting registered trademarks, discouraging unfair competition, and promoting a business-friendly environment.
It serves as a reminder to businesses to exercise caution and originality in their branding strategies to avoid infringing upon existing trademarks. Overall, these legal decisions reinforce Zimbabwe’s position as a jurisdiction that upholds and enforces intellectual property rights.
