Connect with us

Hi, what are you looking for?

LOCAL NEWS

Chicken Inn Loses Trademark Dispute With Chicken Slice

Chicken Inn Loses Trademark Dispute With Chicken Slice

Innscor Africa Limited has failed in its bid to interdict its competitor, Slice Distributors (Pvt) Ltd, also trading as Chicken Slice, for alleged trademark infringement in the High Court.

Chicken Inn filed an application at the High Court in 2019 seeking an interdict against Chicken Slice for using its trademark, “Luv” and its colours.

Chicken Inn argued that Chicken Slice had used “Luv” in its burger and grill logo.

The company also argued it has always used “Luv Dat Chicken” since 1987 before Chicken Slice started using “I Luv it” too on its burgers boxes.

Chicken Inn further submitted that the resemblance of the trademark and colours confuses consumers of their products.

However, Chicken Slice rejected the accusations arguing that Chicken Inn doesn’t own exclusive rights to the tagline “luv”.

In her ruling, Justice Sylvia Chirawu-Mugomba said besides the word “luv”, the marks used are not similar and are used on the burger rather than the Chicken Slice logo. She said:

In my view, a national customer who encounters the products of the plaintiff and the first defendant is not likely to be confused by the difference between them.

Justice Chirawu-Mugomba noted that the evidence brought before the court by Chicken Inn was not sufficient as the similarities revealed through chats of clients do not represent the views of all customers. She said:

Apart from the contention that the Chicken Inn was established in 1987, reference to a university student thesis and a few social media chats, the plaintiff has not put anything else before the court that proves goodwill and reputation.

This cannot be by any stretch of the imagination taken as proving goodwill and reputation. As already indicated, this is a matter of fact.

The proof, being a pre-requisite for passing off, Chicken Inn has failed to prove that Chicken Slice passed off any of its products as those of the plaintiff.

Accordingly, the claim for passing off by the plaintiff against Chicken Slice fails. It is trite that costs are at the discretion of the court. I can perceive no reason why Chicken Inn should not be awarded costs.

In other news…

Mnangagwa Blesses CIO directors with windfall of US$350 000

 

In a desperate attempt to placate key players in the electoral matrix ahead of the vital general elections later this year, President Emmerson Mnangagwa’s financially precarious administration has handed senior Central Intelligence Organization (CIO) directors US$350 000 house loans each.

Mnangagwa Blesses CIO directors with windfall of US$350 000

In order to uphold the status quo and protect the incumbent, general elections in Zimbabwe are frequently conducted by security forces in contravention of the law and…continue reading

Click to comment

Leave a Reply

Your email address will not be published. Required fields are marked *

Trending

Entertainment News

Harare | One of the main attractions of the massive Festive Season Festival, which takes place at Mtangaz Hideout in Ruwa on December 2,...

LOCAL NEWS

Many people are in shock over a photo of a hospital’s HIV testing completed in a single day after learning that every test performed...

LOCAL NEWS

Chitungwiza Thigh Vendor Robbed in a Foiled One-Night Stand! Harare | A Chitungwiza thigh vendor was robbed by a man she had intended to...

LOCAL NEWS

Trending Masvingo Girls ‘Nyasha And Flora’ Speak On Viral Video Nyasha and Flora Masvingo, two Masvingo girls who gained notoriety when a video of...

LOCAL NEWS

Harare | A Highfield man who died on Monday last week after being stabbed three times with a kitchen knife over US$2 was buried...

LOCAL NEWS

Marry Mubaiwa Caught Kissing ‘DOCTOR’ Hired to ‘KILL’ Chiwenga in S.A In an interesting development, Vice President Constantino Chiwenga’s trial against his ex-wife Marry...

LOCAL NEWS

“Nyasha I’m Coming”, Masvingo Ladies Goes Viral in LESB!AN Video Scandal! Masvingo | After being discovered for participating in lesbian activities, a private film...

LOCAL NEWS

Juju Turns Sour? Zvishavane Businessman ‘Sam Dread’ Roam Around Wearing Underwear! Zvishavane | Sam Dread, a gold miner and businessman from Zvishavane, was captured...