Kwal rival barred from using vodka bottle in industrial design war
Tuesday, June 16, 2020 0:01
By SAM KIPLAGAT
Kwal accused its rival of using the Kibao vodka bottle design to package and sell its Sparkler Vodka.
FILE PHOTO | NMG
The Industrial Property Tribunal has temporarily barred Mount Kenya Breweries Ltd from using bottles Kenya Wines Agencies Ltd says are its design to sell its vodka brand known as Sparkler.
“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.
Kwal moved to the tribunal accusing its rival of using the Kibao vodka bottle design to package and sell its Sparkler Vodka, without any licence or consent.
Kwal argued that it stood to suffer economic loss if the MKBL was not stopped from marketing its vodka product in bottles that mimic its registered industrial design.