Durex products which are owned by LRC Company limited.
BY SAM ALFAN.
High court has blocked Metro Pharmaceutical limited from trading and offering for sale the Durex products which are owned by LRC Company limited.
Justice Francis Gikonyo said that pending the hearing and determination of the dispute over the sale of the products, the defendant Metro Pharmaceutical Company limited should not offer sale products using trademarks owned by the UK incorporated company.
The judge said from the evidence presented to court by lawyer Alex Masika appearing for the aggrieved company, a good case has been established to warrant the issuing of the restraining order against the local pharmaceutical company.
He said that it has been demonstrated that Durex Products are manufactured and sold by LRC Products limited which is sister company to Reckitt Benckiser Services Kenya limited.
Mr Masika submitted that there is real danger if the defendant company is not restrained from importing the products which is being sold in Nakuru, Nairobi Thika and other major towns without express authority of the applicant
He told the court that LRC Company is the duly registered trademark owner of Durex products and no other company can purport to import its products and offer the same for sale and distribution.
“The defendant’s action is out rightly illegal and unfair business practice against the applicant” he said
The action by the defendant company to import and hold Durex products is in total breach of the law governing trademarks in the county and elsewhere in the world, the lawyer told the court.
Mr Masika submitted that at hearing of the application inter parties, he will demonstrate by way of evidence that the defendant is trading and selling its products in several outlets in the country.
The court directed that the application be served upon the defendant and the matter be heard on July 27.