This archive report was first published on 16 June 2020.
On June 16, 2020, the Industrial Property Tribunal made a landmark ruling in a case involving Kwal and Mount Kenya Breweries Ltd.
The tribunal temporarily barred Mount Kenya Breweries Ltd from using bottles similar to Kwal's Kibao Vodka design to sell its Sparkler Vodka.
Kwal had accused its rival of using the Kibao vodka bottle design to package and sell its Sparkler Vodka without any licence or consent.
According to the tribunal, Kwal had proved that the bottles used by MKBL were similar to Kwal's Kibao Vodka, infringing on its property rights.
"In our assessment, the registration of that design prima facie, gives the applicant (Kwal) exclusive right to the shape and configuration of the bottle in which it markets its Kibao vodka," the tribunal ruled.
