This archive report was first published on 15 December 2019.
On December 15, 2019, the courts granted Juice manufacturer Kevian Kenya Limited (KKL) a reprieve in a brand legal battle with its former partner, Squishy Drinks Limited (SDL).
Kevian and SDL had entered into an agreement in October 2018 to merge their business interests, but later fell out. SDL sought to stop Kevian from proceeding with the registration plans, claiming it still owned the trademark.
However, Justice Mary Kasango ruled that SDL had not shown a case with probability of success, and that Kevian was entitled to the prayer for injunction. The judge granted the injunction orders, allowing Kevian to proceed with the registration plans, but only for a limited period to enable the parties to begin arbitration.
According to the judge, there was evidence that Kevian would suffer loss if the injunction was not granted, given the investment it had undertaken.
As a result, the two companies are now expected to try to resolve their dispute through arbitration.
