East African Breweries Ltd has sued its competitor for alleged illegal diversion and use of its bottles.
EABL and Kenya Breweries Ltd want an order stopping Keroche Breweries from using or dealing with its ‘Summit lager’ or Vienna Ice products, which are allegedly bottled in bottles bearing the former’s trademark.
According to suit papers filed in court by EABL and KBL through the law firm of Coulson Harney, there is a likelihood of confusion in the market as some of Keroche’s products are sold in bottles which belong to KBL.
“The respondent’s unauthorised use of the EABL trademark is exposing the plaintiff to great risk of damage of their brand due to the fact that they have no control over the products manufactured by Keroche that are sold in bottles that prominently display the EABL trademark,” the suit papers state.
EABL argued that Keroche alleged use of the bottles is a civil wrong and a criminal misconduct and urged the court to stop it.
