GUARANA RIGHTS ROW ENDS UP IN COURT.

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Platinum distillers limited Managing Director Mary Kinyua and company Director Michael Kingara leaving Milimani law courts on Friday 17 April 2017 after Platinum distillers limited was given more time to reply to the allegation of infringing to the trade mark held by an America company.
BY SAM ALFAN.
Platinum distillers limited have been given more time to reply to the allegation of infringing to the trade mark held by an America company.
Justice Francis Gokonyo gave the distillers firm four days to make a substantive reply to suit filed by Diageo North America Inc claiming infringement of its products.
The judge said that parties should prepare for the hearing on April 21 to allow the court make a determination to the dispute.
The firm that manufacturers Smirnoff Ice Double Black with Guarana moved to court to block the sale and distribution of a rival beverage trading under the “Guarana label”.
Diageo North America Inc which launched its Smirnoff Ice Double with Guarana last year has a dispute with Platinum Distillers, a local company of manufacturing and selling an alcoholic drink known as Momentum with Guarana Platinum Ice, which directly infringes upon its trademark.
However platinum denies the infringement and has asked court to give it more time to prove their case.
. Diageo and its Kenya distributor UDV ltd, says its rival has launched a similar product whose packaging constitute identical features in a manner calculated to deceive members of the public that their product is associated to Smirnoff Ice.
The firm says it risk damage as its brand is being distributed by another company which has taken away its good will that it has built for many years.
“We have come across direct evidence of confusion in the Kenyan market by members of the public as to the origination and connection of the offending product with Platinum drink”. Diego says its rivals drink is being packaged in and sold in highly distinctive slim line can whose labeling have acquired notoriety and come to be exclusively associated with its product which includes its high quality and taste.
The firm says it has invested over Sh 80 million in advertising and promotion of Smirnoff double blach Ice Guarana product to increase public awareness of its drink.
The company further says due to its extensive marketing and promotion campaigns it has been able to realize sales of the drink to the tune of Sh 700 million shillings since the launch of the product 12 months ago.
I am aware that no other ready drink beverage in the market has a similar back, blue, silver platinum color combination. The company argues the similarities in both the drinks

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