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Media personality Willis Raburu is set to receive a significant payout following a court ruling that mandates Airtel Kenya to pay him Sh6.5 million for the unauthorised use of his trademark 'Bazu'.
Milimani Commercial Chief Magistrate Rawlings Musiega affirmed that Airtel Kenya had indeed utilized the 'Bazu' trademark to promote one of its internet bundle products.
Court orders Airtel Kenya to compensate Willis Raburu Sh6.5 million for 'Bazu' trademark use
The court found that Raburu had registered the trademark on April 13, 2021, under No. 116744.
Magistrate Musiega issued a directive restraining Airtel from employing the trademark in any broadcast media materials or using anything resembling the trademark.
Airtel was ordered to pay Sh5 million in special damages and an additional Sh1.5 million in general damages.
Airtel Kenya has been granted a 45-day stay of execution or the option to file an appeal within the same period.
Legal proceedings
Raburu, represented by lawyer Victor Orandi of Matthew and Partners Advocates, initiated legal action against Airtel Kenya on June 12, 2022, citing trademark infringement.
He asserted that despite his registration of the trademark, Airtel had used it without permission.
In response, Airtel Kenya argued that Raburu's intention was solely to gain quick enrichment and negotiate a quiet settlement.
They contended that the term 'Bazu' had been in use by various parties before Raburu's registration date and was a well-known slang in the local Sheng language.
Raburu's response after court orders Airtel to pay him
Following the court's ruling, Raburu took to social media to express his satisfaction with the outcome.
He emphasised the importance of respecting intellectual property rights and warned other businesses against unauthorized use of the 'Bazu' name.
Raburu also addressed a local media outlet and reiterated his sentiments. He stated that Airtel did not reach out to him to resolve the matter, which is why he pursued legal action.
"Nilipatana nayo kwa mtandao nikaenda court na nikafollow the due process vile inafaa... The company hawakuwa wamenitafuta lakini sasa tunaenda na the rulling of the court," he said.