Customer Support

BLACK & BEAUTY PRODUCTS LTD
V.
STRIPES INDUSTRIES LIMITED

(2004) JELR 103563 (CA)

Court of Appeal 22 Dec 2004 Kenya
BriefBot icon

BriefBot Summary

Free

Get an AI-generated summary of this case.

Case Details

Suit Number:Civil Application Nai 303 of 2004
Judges:Philip Nyamu Waki, Erastus Mwaniki Githinji, William Shirley Deverell
Location:Nairobi
Other Citations:Black & Beauty Products Ltd v. Stripes Industries Limited [2004] eKLR

RULING OF THE COURT

This is an application, under Rule 5(2)(b) of the Court of Appeal Rules, for stay of execution of the judgment of the superior court (Emukule J) delivered on 13th October, 2004 in High Court Civil Suit No.1182 of 2000 (the suit) pending the intended appeal.

The applicant is Black and Beauty Products Ltd, which was the defendant in the suit.

The respondent is Stripes Industries Limited which is the registered proprietor under the Trade Marks Act (Cap.506) of the trade mark “YASMINA” in Class 26 Part A Schedule III in respect of inter alia hair additions and attachments and hair pieces.

The applicant has been using the word “MINA” and the phrase “NEW MINA” in respect of similar products. The applicant sought but failed to achieve registration of these as its Trade Marks. The respondent as plaintiff in the suit against the applicant prayed in its Plaint for the following relief:-

1. A declaration that the Plaintiff’s Trade Mark 39458 YASMINA in class 26 is valid and has be…

There's more. Sign in to continue reading.

judy.legal is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 77,000 cases, recent judgments, statutes, and rules of court.