This archive report was first published on 10 July 2019.
On July 10, 2019, a Kenyan firm, Wardrobe Collections, suffered a setback in its bid to register the 'Polo' brand on shoes and clothing.
The decision was made by Justice Francis Tuiyott, who ruled in favor of LA Group (PTY) Ltd, a South African company that has been using the Polo brand since the 1970s.
LA Group argued that it had the sole brand right in Africa and had used the Polo brand since the 1970s, while Wardrobe Collections had applied to register the 'Classic Polo' trade mark in Kenya.
According to the judgment, Justice Tuiyott agreed with LA Group that it was the registered proprietor of the Polo brand in Africa and that Wardrobe Collections' application was for a trade mark over goods that LA Group was already using.
The Polo brand is owned by Ralph Lauren, a US fashion designer who started the menswear line in 1968.
LA Group had argued that it was a leader in selling and distribution of branded clothes, footwear, accessories, and other products in sub-Saharan Africa, including Kenya.
The company had also applied and registered the use of Polo in Kenya in April 2014 and Polo Pony in January 2014.
LA Group had spent considerable time, money, and effort in advertising, marketing, and promotion of its goods under the Polo trade mark, making the brand well known in Kenya.
